Because abortion is ultimately a question of basic human liberty and not just good or bad policy, I have never agreed with those conservatives who think “leaving it to the states” is a sufficient solution to the issue (though it would be far preferable to the anti-democratic status quo forced upon us by Roe v. Wade). I instead support a Human Life Amendment to the U.S. Constitution, to protect the right to life nationwide. States should be able to do many things, but treating certain classes of human beings as property is not among them.

However, until the HLA becomes reality, I have also been wary of banning abortion via an act of Congress, for fear of violating the boundaries of Congress’s enumerated powers under Article I, Section 8 of the Constitution. The 14^th Amendment, which was enacted to guarantee political rights to newly freed black Americans after the Civil War, seemed to come close to authorizing Congress to ban abortion, but the language about “all persons born” was always a hang-up for me.

But is that really a barrier? After closer contemplation of the 14^th Amendment’s language, I’ve concluded the answer is no. Here are the relevant passages in their entirety:

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As many of us celebrated the birth of our nation this weekend, our pride and gratitude were tempered by the fear that America might have a dwindling number of future Independence Days to look forward to. A survey of the political landscape reveals that such pessimism regarding the survival of our Founding principles and institutions is not without cause.

The Left’s cancerous influence over our politics, media, and culture remains widespread, and the Right’s efforts in curing it leave much to be desired:

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