From a constitutional perspective, moral arguments are irrelevant. Properly understood, the abortion question is a matter of federalism. Our Constitution lays out a governmental framework that is really quite simple. The powers of the national government are enumerated in Article 1, Sec. 8. The Tenth Amendment then tells us that any power not enumerated as a federal power (or prohibited by the Bill of Rights) is reserved for the states. This includes a wide range of state regulatory powers (known as "police powers") which include authority over many moral and social issues. For example, the Constitution does not mention prostitution; therefore, it is a question for the states to decide according to their own local morals. The state of Nevada has chosen to legalize prostitution; forty-nine other states have chosen to outlaw it.Well, actually, come to think of it, there's one thing I feel compelled to add, for the sake of those who sneer at those who take the Tenth Amendment seriously, or those who think the General Welfare clause authorizes the federal government to do 'most anything: at least take a gander at an opposing view, okay? Before you comment on this post? It might save you from looking a complete fool.
The same logic should be applicable to abortion -- and it was, prior to Roe. By 1973, four states had legalized abortion, and forty-six others had restricted it. But the Supreme Court decided that it was going to ram abortion down the nation's throat, whether it had constitutional justification to do so or not. The end result was a train wreck of an opinion. Conservatives who oppose Roe ought not speak about it in hushed moral tones, but rather with derisive hoots, jeers, and catcalls. The decision is intellectually fraudulent, and anyone who takes it seriously reveals his own intellectual insolvency.
Roe is so bad it makes other controversial decisions -- like Plessy v. Ferguson or Dred Scott -- look like models of Solomonic wisdom by comparison. In those cases, the Court was clearly biased, but it at least made an attempt to pay lip service to the Constitution.
What Roe revealed about our modern political elites is this: they simply do not give a damn what the Constitution does or does not say, and they know they can get away with ignoring it. The specious type of "reasoning" in Roe ultimately leads to Nancy Pelosi snarling incredulously, "Are you serious? Are you serious?" when asked by a reporter how the Constitution justifies ObamaCare; it leads to Justice Kennedy citing
the European Court of Human Rights when declaring that the Constitution guarantees the right to anal sex; and it leads to Justice Breyer quoting the Supreme Court of Zimbabwe.
When our courts fail to heed the actual text of the Constitution they are supposedly applying and replace it with inane drivel about "the Ephesian, Soranos" and with foreign law, one is forced to conclude that we no longer live in a constitutional republic, but in a dictatorship of the judiciary -- where reading the "supreme Law of the Land" on the floor of the House is a controversial event.
James Madison must be rolling in his grave.
Tuesday, February 1, 2011
The American Thinker on Roe and the Constitution
I think I can pretty much let this stand without commentary. Wouldn't hurt ya none to go read the whole thing, though: