Thread by @usacsmret

How States Can Man-Up And Stop Abortion newswithviews.com/how-states-can…

“Abortion” is not listed among the enumerated powers. Therefore, Congress has no power to make any laws about abortion for the Country at Large.[1] And since “abortion” isn’t “expressly contained” in the Constitution, it doesn’t “arise under” the Constitution;

...and since state laws restricting abortion don’t fit within any of the other categories of cases the federal courts are authorized by Art. III, §2, cl. 1 to hear, the federal courts also have no power over this issue.

So from the beginning of our Constitutional Republic until 1973, everyone understood that abortion is a State matter. Accordingly, many State Legislatures enacted statutes restricting abortion within their borders.

But in 1973, the US Supreme Court issued its opinion in Roe v. Wade and made the absurd claim that Section 1 of the 14th Amendment contains a “right” to abortion.

In Why Supreme Court opinions are not the ‘Law of the Land,’ and how to put federal judges in their place, I showed why the Supreme Court’s opinion in Roe is unconstitutional.
newswithviews.com/why-supreme-co…

But Americans have long been conditioned to believe that the Constitution means whatever the Supreme Court says it means. Accordingly, for close to 50 years, American lawyers and federal judges have mindlessly chanted the absurd refrain that “Roe v. Wade is the Law of the Land”

State governments slavishly submitted; and 60 million babies died.
So who has the lawful authority to stop abortion?

Over federal enclaves, Congress has constitutional authority to ban abortion: Pursuant to Article I, §8, Congress is granted “exclusive Legislation” over the District of Columbia, military bases, dock-Yards, and other places purchased with the consent of the State Legislatures

Article I, §8, cl.14 grants to Congress the power to make Rules for the government and regulation of the Military Forces. Accordingly, areas described at Article I, §8, and in US military hospitals everywhere, Congress has the power to make laws banning abortion.

But federal courts have no constitutional authority over abortion
Article III, §2, cl. 1 lists the ten categories of cases federal courts have authority to hear. They may hear only cases:

1. “Arising under” the Constitution, or the Laws of the United States, or Treaties made under the Authority of the United States [“federal question” jurisdiction];

2. Affecting Ambassadors, other public Ministers & Consuls; cases of admiralty & maritime Jurisdiction; or cases in which the U.S. is a Party [“status of the parties” jurisdiction];

3. Between two or more States; between a State & Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States; and between a State (or Citizens thereof) & foreign States, Citizens or Subjects

Obviously, State laws restricting abortion don’t fall within “status of the parties” or “diversity” jurisdiction; and federal courts haven’t claimed jurisdiction on those grounds. Instead, they have asserted that abortion cases “arise under” the US Constitution!

Obviously, “abortion” is not “expressly contained” in the Constitution. So it doesn’t “arise under” the Constitution. In Roe v. Wade, the Supreme Court had to redefine the word, “liberty”, in order to claim that “abortion” “arises under” the Constitution.

Since “abortion” is a power reserved by the States or the People, State Legislatures should reenact State Statutes restricting abortion.

We must purge our thinking of the assumption that we can’t have a moral and constitutional government unless Five Judges on the Supreme Court say we can have it.

Since it is clear that federal courts have no constitutional authority over abortion, why do we go along with the pretense that they do? Why not just man-up and tell them, “You have no jurisdiction over this issue”?

Our Framers would be proud of you.

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