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Roe v. Wade was legal crapola from the get-go

by Brent Smith
July 1, 2022
in Opinion

In their ruling in favor of Mississippi’s ban on abortion after 15 weeks and the overturning of Roe v. Wade, a majority of Supreme Court justices declared that “the Constitution does not confer a right to abortion.”

Finally we have an affirmation that the 1973 Supreme Court decision was bullcrap all along. June 24 was a great day and should be celebrated by not only those who value human life at any age, but also by us constitutional originalists.

Justice Samuel Alito wrote the 6-3 majority opinion. The fact that there were any dissenters shows how pitifully unqualified justices Stephen Breyer, Sonia Sotomayor and Elena Kagan are.

However, I’m not surprised that the three leftist justices dissented, for to them, like all hardcore leftists, abortion is not only a right, but a sacrament, the celebration of killing the unborn. “Celebrate good times – come on – shout your abortion!”

I did not read the dissenting opinion and have no desire or need to do so. As I’ve said countless times – I’m not a constitutional “scholar,” nor a judge or lawyer, but I can read.

I read the Constitution itself, and it’s not difficult to understand. It’s not a hard concept to grasp that if it isn’t specified in the first five articles of the Constitution, amendments not withstanding, it’s no business of the federal government.

So yes, Roe v. Wade was overturned, but despite all the wailing and gnashing of teeth, abortion hasn’t been outlawed. The original decision in 1973 to federally legalize abortion was null and void from the get go. Like Dred Scott, Korematsu or Plessy, it should have never existed in the first place. The Court merely corrected a wrong decision.

Anyone who understands the U.S. Constitution and federalism understands what a minor role the federal government is supposed to play domestically. It’s why the anti-federalists insisted that a Bill of Rights (first 10 amendments) be included in our Constitution, and why they included that very important 10th.

Tenth Amendment: 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.

Simply put, the powers delegated to the federal government are relatively few and are plainly spelled out in its articles. Any power not spelled out there are therefore forbidden from involvement by the federal government. It’s why the 10th Amendment is so very important. It prevents the rogue expansion of federal power.

Or it was supposed to. But as human nature is what it has always been, so too is government. Left unchecked, by say a Constitution, governments expand and become tyrannical. This is true of all governments. It may take some longer to get there than others, but they will all eventually get there, or be crushed.

Today, almost everything the federal government does or meddles in is unconstitutional – from abortion, to school funding, to “infrastructure” (roads and bridges – other than “post roads”), etc. It was not designed and established to be a domestic governing authority. This was to be left to the states and to the dominion or sovereignty of the people.

The abortion fight should take place at the state level where it belongs, if it belongs anywhere.

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