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10th amendment says congress cannot legalize abortion

"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."


Since the constitution never mentions or implies anything about abortion it is a state matter - as it always had been prior to 1973. Federal congress cannot legalize abortion or ban it for that matter or do anything about it.
 

EatTheRich

President
"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."


Since the constitution never mentions or implies anything about abortion it is a state matter - as it always had been prior to 1973. Federal congress cannot legalize abortion or ban it for that matter or do anything about it.
No, it is a right retained by the people under the 9th Amendment, the 14th Amendment, and the unalienable rights to life, Liberty, and the pursuit of happiness that are foundational for the Constitution. Congress indeed cannot “legalize” abortion because it has absolutely no power to prohibit it, but it has the power, indeed the obligation, under the 14th Amendment to pass legislation to prevent states from usurping the right of the people.
 
No, it is a right retained by the people under the 9th Amendment, the 14th Amendment, and the unalienable rights to life, Liberty, and the pursuit of happiness that are foundational for the Constitution. Congress indeed cannot “legalize” abortion because it has absolutely no power to prohibit it, but it has the power, indeed the obligation, under the 14th Amendment to pass legislation to prevent states from usurping the right of the people.
What makes you think abortion is a CONSTITUTIONAL RIGHT?
 

EatTheRich

President
What makes you think abortion is a CONSTITUTIONAL RIGHT?
The 9th Amendment which specifies that we have constitutional rights that aren’t mentioned explicitly in the constitution (meaning all basic human rights such as the right to abortion); 13th Amendment which prohibits slavery; 14th Amendment which gives all of us (even women) equal protection of the law; 8th Amendment prohibiting cruel and unusual punishment.
 

Raoul_Luke

I feel a bit lightheaded. Maybe you should drive.
No, it is a right retained by the people under the 9th Amendment, the 14th Amendment, and the unalienable rights to life, Liberty, and the pursuit of happiness that are foundational for the Constitution. Congress indeed cannot “legalize” abortion because it has absolutely no power to prohibit it, but it has the power, indeed the obligation, under the 14th Amendment to pass legislation to prevent states from usurping the right of the people.
Where does the Constitution stipulate that it doesn't apply to a beating heart in the womb?
 

reason10

Governor
"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."


Since the constitution never mentions or implies anything about abortion it is a state matter - as it always had been prior to 1973. Federal congress cannot legalize abortion or ban it for that matter or do anything about it.
Actually, Congress can pass any damned bill it wants. And a president can sign it. Maybe the Supreme Court will overturn it if it is unconstitutional. (Now that we have a Constitutional Supreme Court)
Thing the pro baby killers are having problems with is the democratic process.
Congress has NOT had the votes to pass a baby killing bill. At least 38 states have trigger abortion laws that outlaw it after 5 weeks.
If liberals want to sell us on the idea that most of America approves of abortion on demand, perhaps they could 'splain why it there isn't any legislation from Congress. They can 'splain why so many states have passed laws against it.

It's like Limbaugh said. The courts exist because liberals are unable to get their idiotic ideas passed in the democratic process.
 
It's like Limbaugh said. The courts exist because liberals are unable to get their idiotic ideas passed in the democratic process.
That's it exactly. That's what happened also in plyler v doe where the courts wrote a law ordering the states to give free k-12 to illegal alien brats. No politician worried about re-election would vote for such nonsense as spending taxpayer money educating people that aren't even allowed to be here!! But the unelected judges appointed for life take their bribes and write such crazy laws.
 

God of War

Lets go Brandon!
...but it has the power, indeed the obligation, under the 14th Amendment to pass legislation to prevent states from usurping the right of the people.
Wholly not true. The states reserved the right so the only way the federal government can regulate abortion is by passing an amendment that allows it or by coercive withholding of funding for say highways. Except that withholding would be subject to judicial review with precedent already set in the matter favoring states.
 

God of War

Lets go Brandon!
The 9th Amendment which specifies that we have constitutional rights that aren’t mentioned explicitly in the constitution (meaning all basic human rights such as the right to abortion); 13th Amendment which prohibits slavery; 14th Amendment which gives all of us (even women) equal protection of the law; 8th Amendment prohibiting cruel and unusual punishment.
None of that pertains to a right to abortion. Had they been they would have been argued on that basis rather than privacy and undue burden.
 

EatTheRich

President
Where does the Constitution stipulate that it doesn't apply to a beating heart in the womb?
What part of the Constitution are you talking about? If it’s the part about “all persons born … in the United States” and guaranteed equal protection, it’s because those beating hearts (or more often proto-hearts since in most cases they aren’t actually developed organs) are 1) not persons and 2) not born in the United States.
 

EatTheRich

President
Actually, Congress can pass any damned bill it wants. And a president can sign it. Maybe the Supreme Court will overturn it if it is unconstitutional. (Now that we have a Constitutional Supreme Court)
Thing the pro baby killers are having problems with is the democratic process.
Congress has NOT had the votes to pass a baby killing bill. At least 38 states have trigger abortion laws that outlaw it after 5 weeks.
If liberals want to sell us on the idea that most of America approves of abortion on demand, perhaps they could 'splain why it there isn't any legislation from Congress. They can 'splain why so many states have passed laws against it.

It's like Limbaugh said. The courts exist because liberals are unable to get their idiotic ideas passed in the democratic process.
Because Congress works for the ruling billionaires and not the people. Hello?
 

EatTheRich

President
That's it exactly. That's what happened also in plyler v doe where the courts wrote a law ordering the states to give free k-12 to illegal alien brats. No politician worried about re-election would vote for such nonsense as spending taxpayer money educating people that aren't even allowed to be here!! But the unelected judges appointed for life take their bribes and write such crazy laws.
That wasn’t the court passing a law … that was the court, under political pressure from the masses, enforcing the Constitution.
 

EatTheRich

President
But why is abortion one of those rights??? Anybody can say it is just like anybody can say free college is a right or welfare is a right or $20 minimum wage is a right.
Because rights are meaningless without bodily autonomy. If the courts can force people to give control of their bodies to the state against their will, those people have no more rights than slaves.
 

EatTheRich

President
Wholly not true. The states reserved the right so the only way the federal government can regulate abortion is by passing an amendment that allows it or by coercive withholding of funding for say highways. Except that withholding would be subject to judicial review with precedent already set in the matter favoring states.
Show me where women agreed to give control over their sexual and reproductive lives to the state.
 

EatTheRich

President
None of that pertains to a right to abortion. Had they been they would have been argued on that basis rather than privacy and undue burden.
Roe was based on the 9th Amendment. In any case, the Constitution says what it says, confirming the pre-existing, unalienable natural right to choose abortion, regardless of what arguments have and have not been brought to the courts’ attention.
 

God of War

Lets go Brandon!
Show me where women agreed to give control over their sexual and reproductive lives to the state.
What's that got to do with anything? Women can't murder children whether their own or not. ABORTION IS MURDER. NO MORE MURDER. STOP THE KILLING ALREADY.

A woman is in charge of her reproductive life. In case of rape or incest name the perpetrator and take a tissue sample of the fetus murdered and charge the father with the assault and the manslaughter of the unborn child. Watch men start to tell women they aren't as sexy as they think. ha ha

The value of fetal life ETR in the Bible is clear. I've shown you before on your assertion that the Bible has no comment. Here's another I know I haven't shared with you

Exodus21:22-25

22 “If people are fighting and hit a pregnant woman and she gives birth prematurely[e] but there is no serious injury, the offender must be fined whatever the woman’s husband demands and the court allows. 23 But if there is serious injury, you are to take life for life, 24 eye for eye, tooth for tooth, hand for hand, foot for foot, 25 burn for burn, wound for wound, bruise for bruise.
 

God of War

Lets go Brandon!
Roe was based on the 9th Amendment. In any case, the Constitution says what it says, confirming the pre-existing, unalienable natural right to choose abortion, regardless of what arguments have and have not been brought to the courts’ attention.
No, it wasn't. Nobody claims that in any precedent setting court ruling.
 

EatTheRich

President
What's that got to do with anything? Women can't murder children whether their own or not. ABORTION IS MURDER. NO MORE MURDER. STOP THE KILLING ALREADY.

A woman is in charge of her reproductive life. In case of rape or incest name the perpetrator and take a tissue sample of the fetus murdered and charge the father with the assault and the manslaughter of the unborn child. Watch men start to tell women they aren't as sexy as they think. ha ha

The value of fetal life ETR in the Bible is clear. I've shown you before on your assertion that the Bible has no comment. Here's another I know I haven't shared with you

Exodus21:22-25

22 “If people are fighting and hit a pregnant woman and she gives birth prematurely[e] but there is no serious injury, the offender must be fined whatever the woman’s husband demands and the court allows. 23 But if there is serious injury, you are to take life for life, 24 eye for eye, tooth for tooth, hand for hand, foot for foot, 25 burn for burn, wound for wound, bruise for bruise.
So if he causes her to miscarry he pays a fine, but if he takes her life he dies, strong evidence the guy who wrote that does NOT consider a fetus’s life equal to that of a person.
 
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