A Difficult Situation.
This year, as in any election year, there is much being said about abortion. I was adopted at birth in Corpus Christi, Texas, and if abortion were as prevalent in 1959 as it is today, I would probably not be here to write this. That being said, we have to determine whether we are a nation of laws, or a nation of ‘feel good’ legislation. There is an underlying issue with any effort to reverse Roe V. Wade that many people don’t consider, or gloss over. There is an old saying that two wrongs don’t make a right. The issue I’m referring to, is that in rendering Roe V. Wade, the U.S. Supreme Court injected the Federal Government into the decision of how to define murder. There is currently no Federal statute against murder, except a few recent ones regarding assaulting a Federal employee on Government business. Under many if not most or all State laws prior to Roe, abortion met the definition of infanticide, and was prosecutable as murder, which was what Roe V. Wade was originally about. Here’s where the problem comes in…. The Supreme Court in finding a woman has a ‘Right’ to an abortion, denied the States their 10th Amendment Rights to define murder according to the consciences of the residents of that State. If the Federal Government were to make abortion illegal at the Federal level, that would equally be wrong (right morally, but still in violation of the 10th Amendment). It will be a tricky proposition to back the Federal Government OUT of a situation where it violated the Right of Self Determination of a State, without further violating the 10th Amendment. One solution I’ve heard that might work involves a Congressional Bill that defines when life legally begins.The Pro-Lifers believe life begins at conception, the Pro-Choicers, believe it begins at birth. There is a LOT of legal precedent to support the former. there have been numerous cases from conservative enclaves such as Texas (Unborn baby counted as one Nidal Hassan’s victims) to to Liberal bastions like California (where a man was charged AND convicted for murdering his wife and UNBORN CHILD). If The Congress were to pass a bill defining life as beginning at conception, the Opinion in Roe V. Wade contains language that would cause it to effectively self destruct. There is a line that states that the Congress has never found the point at which life begins, and further states that if that were to happen the decision may have to be reassessed. Now, it is NOT murder to kill someone in your own home, in self defense (in most sane States, anyway) So killing in and of itself is not murder, therefore, abortion would NOT be necessarily be banned under such a bill, BUT it WOULD kick the issue BACK to the States, where it originally belonged! What is needed, should we take back the White house and the Senate, is NOT wait for more Conservative Supreme Court Judges, but proactively pursue the defining of life as beginning at conception.