Would someone please tell me exactly
what would happen if Roe v Wade were to be overturned? Would abortions all of
a sudden become illegal? Actually, no, they wouldn’t. Roe struck down any state’s
laws making abortion illegal. So there are no states that have laws making abortion
illegal.
Now I have an ongoing internal debate
about abortion. I am a Libertarian (yes I am a member of the Texas Libertarian Party) I am a conservative Libertarian.
I believe in the Constitution as it is written and I believe in the power of the democratic process. My wife is more
pro-life then I am. I do have a problem with the killing of an unborn life as well as I have an issue with the government
deciding who can and can not have children. I am more anti-Roe since it is bad law.
I agree with Justice Ruth Bader Ginsburg
that Roe is “bad law” and even Justice Harry Blackmun said in the opinion of the court, "Constitution does not explicitly
mention any right of privacy.”
Let’s
go back to the ruling, Justice Blackmun did say that a right to privacy was implied in the First, Fourth, Fith, Ninth, and
Fourteenth Amendments. Lets look at the text of those.
First
Amendment:
Congress
shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom
of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress
of grievances.
Fourth
Amendment:
The
right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,
shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly
describing the place to be searched, and the persons or things to be seized.
Fifth
Amendment:
No
person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand
Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public
danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled
in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of
law; nor shall private property be taken for public use, without just compensation.
Ninth
Amendment:
The
enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people
Fourteenth
Amendment:
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens
of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal
protection of the laws.
There are five sections to Amendment
14 but do not pertain to this topic.
I do not see in those Amendments how
a person that is reading the intent of the Constitution finds “Right to Privacy”. If
you want to be picky you could point out that in the 14th “Nor shall any state deprive any person of life,
liberty, or property without due process of the law” would almost seem that the state could NOT allow an abortion without
a court ruling.
Roe is not the ruling that created
“Right to Privacy”. That is attributed to Griswold v Connecticut (1965) where
the opinion of the court found “the Right to Privacy” in the “penumbras” of the
Constitution (meaning between the lines, not written but implied). The 7-2 decision
overturned a Connecticut law prohibiting the use of contraceptives. The dessenting
opinion call the law silly but Constitutional.
Now,
back to my point. What would happen if Roe were overturned? I think the issue
would be handled the way it SHOULD be handled; by a VOTE of the people. Look
at England, abortions are legal because the people voted them to be legal. Every
now and again the issue is brought up for another vote, but it is decided by the people.
This is what I want to see happen; Roe overturned and allow the people to vote if abortions should or should not be
legal. I will not support any government body declaring abortions legal or illegal
without the vote of the people.
I
am tired of the Pro-abortionists screaming that "if Roe is overturned our girls will be forced to a dirty back-alley abortion
that puts their life in danger". Hell I guess by me posting this, I could never be a Supreme Court Justice. That
is so sad that all qualifications for being a Supreme Court Justice go out the window based on how one answers the "is there
a Right to Privacy in the US Constitution?"
