A comment by someone posting on Facebook almost made my head pop, and I had to write this.
The comment was concerning the controversial anti-abortion talk currently underway in Ohio. The commenter said that the proposed Ohio laws would be illegal because abortion is an undeniable constitutional right. I tried to comment directly to her, but could not, and in hindsight, I’m glad I couldn’t. It gave me time to calm down a bit and to remind myself of my goal to be more civil. So I decided to write this quick blog entry.
I’d venture a guess that a majority of people who say such-and-such is a constitutional right, have never read The Constitution, which is quite the shame, since it is a rather easy read and is educational, and it arms you with truth. The word “abortion” does not appear anywhere in The Constitution. Nothing like it is mentioned in The Bill of Rights.
Those who are pro-abortion who have actually made the effort to research the constitutionality of abortion cite the “due process” clause in the 14th Amendment, an argument made in Roe vs Wade. To argue that point, you would have to ignore the original intent of the drafters of the 14th Amendment.
The 14th was ratified shortly after the Civil War and aided in reconstruction efforts and extended protections to former slaves. It had nothing to do with abortion. No one can infer a super right of abortion from the language of the 14th Amendment. Several pro-abortion advocates have noted the constitutional dubiousness of Roe vs Wade.
Furthermore, it can be argued that abortion violates the 14th Amendment, since it denies the protection of life.
The majority’s opinion in Roe vs Wade contradicts the basic spirit and principles of The Declaration Of Independence and The Constitution: protection of life.
The Supreme Court is not the ultimate authority in our country. We, the people are, and then it is congress. In the case of Roe v Wade, The opinion of seven unelected people did not change the language of The Constitution, but instead fed the incestuous appetite of “case law.” The opinion of those seven unelected persons was contrary to the will of the people and contrary to states’ abortion laws. Instead of allowing the democratic process in State Houses, this seven dictators forced their will onto the country, an act that is anti-liberty, and anti-American.
Abortion is not a constitutional right, it is a legal practice which has no legislative foundation. Its legal standing is based on arguments derived from the judicial ether of anti-liberty progressivism.
A side note about the slippery slope of case law, by inferring from the 14th Amendment that a woman has a super right to abort human life, any judge could infer virtually anything from the “due process” clause. Anything could be defined as a “constitutional right” regardless of previous law and the will of the people. This is precisely why certain rights and powers are specifically and explicitly defined in The Constitution and why states and the people have the power to define other rights and laws not specifically mentioned in The Constitution.
Case law ignores The Constitution. It ignores original intent. Case law is progressivism run amok.