Roe v. Wade – Right Answer, Wrong Reason

Justice Alito’s draft opinion reversing the Supreme Court’s decisions on Roe v. Wade and return it to the jurisdiction of the respective States gets to the correct placement of power under the Constitution.  

The following inform the reasons that Roe v. Wade is not within the powers the Constitution grants to the federal government.  The Constitution places police power solely under the jurisdiction of the States, the same place that it was before the Roe v. Wade decision unmindfully removed it to the Supreme Court, where it will remain mindlessly if not removed by the Supreme Court.  

1.    The placement of police power in the States results from the Constitution’s not providing the police power to the federal government.  

2.    The lack of the police power of the federal government therefore establishes that power must lie with the States respectively, or to the people.

3.    The police power is best exercised by governments closest to the location of the people that are affected most by the government exercise of that power.  Fortunately, that is where the Constitution requires its placement.

4.    The separate states are best capable of knowing the needs and situation of the people within each of the separate states.

5.    The police power is defined by Merriam-Webster as:  The inherent power of a government to exercise reasonable control over persons and property within its jurisdiction over; public health, morals, safety, welfare, and to use coercion to promote the public good, if needed.    

The Supreme Court has twice overlooked that the Constitution has never empowered the federal government with police power.  It is now appropriate that this mistake of judgment be reversed and to remove itself and refrain from any future involvement with this issue.  This will return not only the subject of abortion to the respective states, but lead to all exercise of police powers to the states, if any.  

It will be necessary to remove police powers now exercised inappropriately by such agencies of the federal government as the Center for Disease Control and the Food and Drug Administration, among others.  

The concurrent exercise of power by both the States and various agencies of the federal government have resulted in a muddled and unwelcome response to the Covid-19 Pandemic. 

Congress has work to do to remove duplication of police power among the States and concurrently with federal agencies.  

There are already organization structures illustrating how “line” and “staff” organizations share in most effective division of power to act vis-à-vis the opportunity of professionally trained personnel to provide advice that benefit outcomes and efficiency.  “Line” organizations would be the States and “Staff” organizations would be federal agencies.  Line organizations are solely responsible for exercising power and Staff organization for only advice within their respective experience and expertise.  The States already have Public Health Service personnel under the authority of the Governor of the respective states which could adequately inform a different solution that States may prefer to involving a federal answer.  In this the State’s Public Health Service would by the “Line” organization and the federal agencies “staff.”                                                                                              The May 5, 2022