Bill14564 |
07-12-2022 03:30 PM |
Quote:
Originally Posted by George Page
(Post 2115061)
REALLY?
The First Amendment to the Constitution specifically provides for freedom of speech and freedom of religion.
Now you tell me, which federal law provides the right to abortion or where it is addressed in the Constitution.
|
There are many amendments to the Constitution, not just the first.
See the ninth, it is very short: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
In other words, we the people have more rights than just those previously enumerated. We retain ALL rights unless they are limited by law. This is how the Constitution works and it is how all laws should work. We do not live in a country where the people have to petition a benevolent government for their rights, we are supposed to be living in a country where the people enjoy all rights except those restricted by law.
So the question isn't, "Where in the Constitution is the right to an abortion specifically granted?" The question is, "Where in the Constitution or State Law is the right to abortion specifically denied?" Then, of course, the courts get to decide of such a law violates the Constitution.
At one time there were laws prohibiting abortion. The Supreme Court decided they violated the Constitution (particularly the 14th Amendment if I remember correctly). This was considered settled for quite some time until the current Court had a chance to make their mark.
It will be interesting to see whether the States enact laws or an argument is made against forced child bearing under the 9th, 13th, and 14th amendments.
It is interesting that some argue that this belongs in the hands of the States. I have suggested before that the States have performed poorly in the past in regards to civil rights and human rights. The 13th, 14th, 15th, and 19th amendments all feel as though they were written to deal with the way States have handled these types of rights.
|