The Constitution: There is great hesitation by current Justices to say prior justices of the Court got something wrong, but if it is wrong and it must be corrected! Since the run-up to the Civil War, the Supreme Court has made some egregiously wrong decisions. This instance dates from 1972.
It is already established that Article One, Section 8 of the Constitution does not include “abortion” among the powers of the Federal government. It is not just “abortion;” Congress has no power to regulate any physician’s practice or how surgery is conducted. Another non-trifling matter is that the Justices who decided Roe some forty-nine years ago found that an “abortion” is among the rights covered by a “right to privacy.” Surely, there are “rights to privacy” a right covered by the Fourth Amendment; but that amendment truly covers the privacy of certain things and property, not a quotidian surgical procedure in a hospital or clinic, which requires the police power to regulate. There is nothing essentially different about a woman’s abortion from a man’s prostate removal. If the purpose of the procedure is such as to include the police power, as explicated below, it becomes subject to regulation. A woman is accorded as much right to privacy as she personally gives to it by her own actions. If person needlessly and negatively publicized a woman’s abortion, the proper form of law to obtain remedy is called “tort.” My intention is to portray the scope of stupidity this matter has received in publicity and media. There is a proper form of law that speaks to this scrum with the pro-abortion adherents, but it is not helpful to their side of the issue, so it will not be brought up in the instant situation. The appropriate law is called the police power. The separate states have it and the federal government does not. In fact, the framers particularly made certain that police power did not creep into the Constitution, or would not creep into federal law, except by amendment to the Constitution. “The police power” is defined, and its use is illustrated in the following:
“Police powers are the fundamental ability of a government to enact laws to coerce its inhabitants for the public good, although the term eludes an exact definition. … It is the states, then, who hold the general police power. This is a central tenant to the system of federalism, which the U.S. Constitution embodies.” Thus, the federal government does not hold such power. (Cornell School of Law, Legal Information Institute)
The police power is: “The inherent power of a government to exercise reasonable control over persons and property within its jurisdiction in the interest of the general security, health, safety, morals, and welfare except where legally prohibited.” (Merriam-Webster.com)
The Constitution of the United States by design, gives power to the federal government only explicitly defined and limited. Each power of the federal government is individually listed in Article One, Section 8 of the Constitution. Furthermore the Constitution is written using checks and balances in the written Constitution for passage of legislation. For example, regarding Congress passing a law that is within the meaning of the police power, it would have to be passed by a majority of the members of each of, both houses of Congress. The federal fathers hoped among the yeas and nays for that law, they would all have to be blockheads to fail that at least one person would recognize something wrong and challenge its constitutionality, and have suitable changes made. If passed, another hurdle awaits in the president’s signature in a veto letter. Still not over, the law may be challenged in federal court as unconstitutional by any person – human being or corporate – finding it unworthy or illegal. The Court’s duty is to preserve the law as Constitutional in all regards and pronounce it illegal if it is based on police powers.
Below is the final check on the Constitutional powers of Congress to pass laws. If Congress passed a law that was deemed to express police powers, it would automatically be challengeable as not being within the powers delegated to Congress by the Constitution. Here is the means of disposing of where the power resides in all instances of Congressional power
“Amendment X: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Roe v. Wade is an instance where the 1973 Supreme Court made a 7-2 majority decision that approved wrongly an unconstitutional judicial law into place. It was illegal in 1973, and a second Supreme Court in 1993 repeated the failure in a second shot at getting it corrected. This is not good!
Publiustoo.com December 8, 2021
