This is what the Democrats were doing to Catholics in New York as Nancy Pelosi was walking the red carpet during her VIP trip to the Vatican.
Dante Alighieri
@la verdad prevalece Not sure about this proposed legislation, how it would work. Presumably, the Tenth Amendment has been upheld. It says that whatever powers are not specifically enumerated to the federal government are reserved to the states, and since abortion is not mentioned in the Constitution, it is something the states have the power to regulate. So now the Congress wants to regulate …More
@la verdad prevalece Not sure about this proposed legislation, how it would work. Presumably, the Tenth Amendment has been upheld. It says that whatever powers are not specifically enumerated to the federal government are reserved to the states, and since abortion is not mentioned in the Constitution, it is something the states have the power to regulate. So now the Congress wants to regulate abortion instead of the Supreme Court (that's something they always shied away from since they never had the votes). I am not sure how that is any different than Roe. If the case goes to the Supreme Court again, won't the Court rule that Congress went beyond its constitutional powers in trying to pass a law regulating abortion and encroaching on states' rights? No article I've seen so far has addressed this question.
John A Cassani
The tenth amendment should cover this, but I think the tenth amendment has been run roughshod over in recent decades, and, perhaps since the Civil War. Can’t think of a federal law that’s been overruled on these grounds. I would be very suprised if Joe Manchin would go for nuking the filibuster for this. Sinema too, I hope.
Dante Alighieri
@John A Cassani Well, first, things seem to be different now with the Trump Court. Second, apparently the most used "Joker's Wild" card used by the Supreme Court nowadays is the Interstate Commerce Clause. I guess since Planned Parenthood is interstate and nationwide, they might have used that to decide Roe, but chose not to. Good. But the Tenth Amendment was ALWAYS the reason why Roe was …More
@John A Cassani Well, first, things seem to be different now with the Trump Court. Second, apparently the most used "Joker's Wild" card used by the Supreme Court nowadays is the Interstate Commerce Clause. I guess since Planned Parenthood is interstate and nationwide, they might have used that to decide Roe, but chose not to. Good. But the Tenth Amendment was ALWAYS the reason why Roe was unconstitutional. And most people never even heard of it. Now it is back in play. Most of these harpies think Roe was overturned because the Court is made up of a bunch of Jesus Freaks and were voting based on religion. I read an interview years ago with now deceased (and devout Catholic) Justice Scalia, who was allied with Justice Thomas. He made this argument and lived in Maryland. The interviewer asked him, well if Roe is overturned and your state Maryland voted to permit abortions (which was likely), what would you do? Nothing, he said. That is the way things are supposed to work in our federalist system. Each state decides. He was a Constitutionalist.
Dante Alighieri
@John A Cassani By the way, the Interstate Commerce Clause was discussed regarding the gay marriage decision, but I am not sure if that was part of the argument and reasoning in the actual decision. It's because some states had gay marriage, some did not. So the Court had to get involved in something involving all the states' consistency, especially for gay marriage in one state and divorce in …More
@John A Cassani By the way, the Interstate Commerce Clause was discussed regarding the gay marriage decision, but I am not sure if that was part of the argument and reasoning in the actual decision. It's because some states had gay marriage, some did not. So the Court had to get involved in something involving all the states' consistency, especially for gay marriage in one state and divorce in another. But as Justice Thomas hinted at, if it was wrongly argued, it should be revisited too. It is another thing covered by the Tenth Amendment. The Court saw an "implied right to privacy" in the Constitution, which covered from my generalized thinking, three topics, in chronological order: contraception, abortion, and homosexuality/gay marriage, in separate cases over the years. Of course, privacy and reproductive rights are not mentioned in the Constitution. Having worked personally in insurance with computer systems which were nationwide, I can attest that medical records are governed (or were when I worked in insurance) exclusively by state laws, not federal laws. In other words each state writes its own laws regarding medical privacy policy. The only things covered by the the federal right to privacy is sexual, namely contraception, (formerly) abortion, and homosexuality (and transgenderism under I guess Title IX).
Seidenspinner
"A child is not an object to be thrown away, and neither is the mothers heart." - Archbishop Salvatore Cordileone
Gast6
New yorkers, where baby murder is still legal, yelling at Catholics because Protestants in the south have baby murder illegal.
Alex A
Abortion is wrong and that's a fact. Thank God, the tide against the murder of the innocent ones is turning. From this point on, we need to choose the language of persuasion to those whom disagree with the constitutional change, with a high degree of empathy. In short, sustained Christian charity.