20 October 2016


Roe v Wade was incorrectly decided.

There, I said it.

But it's almost the correct decision!

Pulling a right to an abortion out of some vague penumbra of a right to privacy attached to the 4th Amendment?


Saying the Federal Government has been given no power whatsoever about abortions and its a state matter under the 10th amendment?  Correct.

Saying the 9th Amendment protects rights not mentioned already and that Texas' own constitution gives no power to regulate abortions?  Also correct.

Thus a right to an abortion because nobody actually empowered the governments to regulate them.

If you want to talk the talk of restoring constitutional government, you're going to hit walls like this where you're going to need to amend the thing before the government has the powers to do what you want them to do.

Also, considering how closely tied anti-abortion has become to Christianity, there's a strong 1st Amendment argument against the government having any authority here because that would be a State endorsement of one religion's view on the topic.

It's quite sobering to look at the Constitution and see exactly how little power it actually gives the Federal Government.  Then looking at the State Constitutions and seeing they have similarly small grants of power for the most part.

Then you look at the powers actually exercised...  Yes, Virginia, nearly everything Government does is illegitimate and illegal.  Including how the Supreme Court operates, look it up!

Bonus round:  Even if the States granted themselves massive new powers amending the state constitutions (Florida adds several amendments every year by voter referendum) everyone forgets what the 14th Amendment actually says.  The 14th was supposed to be a massive bitch slap to the states and imposing much of the limitations on Federal power to the states.  Slaughterhouse fucked that up...

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