Friday, June 24, 2022

 ABORTION AND THE 10TH AMENDMENT

In another much anticipated ruling, the Supreme Court of the United States ruled that the long-standing Roe v. Wade ruling is unconstitutional. As much as the liberal citizenry of our Democratic Republic might disagree, this was in fact a good decision. They need to look no further than Amendment X of our Constitution. To refresh everyone's memory, this amendment states:
"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."

When the Constitution was being ratified, dozens of proposed amendments were considered. All 13 States were able to submit their proposed amendments for debate and ultimate inclusion. In most cases, an amendment ensuring a limited Federal government was the number one amendment proposed by the states. This amendment was considered to be of utmost importance. Inclusion of this amendment would ensure that the Federal government could not overstep their reach into powers that would normally be reserved for the states by using what Patrick Henry called the "sweeping clauses" contained in the Constitution. These clauses included:

  • The Supremacy Clause
  • The General Welfare Clause
  • The Necessary and Proper Clause
The bottom line here: Amendment X exists for one reason only. It ensures that the States maintain their power and sovereignty and it keeps the Federal government in check.

The "right" to have an abortion exists nowhere in the Constitution. Therefore, by the strict reading of Amendment X, that is something that must be delegated to the States to decide. Today's ruling does exactly that. The ability to have an abortion is no longer regulated by the Federal government, which is exactly how it's supposed to work. States are now free to set the regulation of abortion on their own, pursuant to the wishes of their residents.

If a woman wants to have an abortion and her state makes it illegal to do so, she now has two choices: work to change the state's law, or go somewhere else. The only thing that's changed is the (unconstitutional) Federal protection that some fell back on to force states to allow abortion.

This is totally different that the rights of free speech, free press, free religion, or freedom to keep and bear arms. Those rights are expressly enumerated (and protected, not provided) in the Bill of Rights. Therefore, they are the law of the land. There exists no such protection for "freedom to abort a fetus." So, each State is free to set their own standard.

This really isn't hard to understand, yet the gaslighting and emotional responses by the liberals muddy the water. That's very unfortunate. We were never supposed to be the United States. Rather, we were supposed to be the united States. A very subtle but significant difference. Each state was supposed to be sovereign, with a limited Federal government. Unfortunately, that has been bastardized over time, and we've allowed the Federal government to continually grow and become more powerful. Perhaps this is a great first step in reversing that trend.

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