The government killed the 14th amendment many decades ago with affirmative action. It’s as dead as the 4th amendment since the Bush administration, the 10th amendment since Wickard v. Filburn, and it’s where the 1st amendment is currently headed under the Biden/Harris administration. We should have a requiem for the Bill of Rights.
It went to the States because neither the Court nor the Republicans have the votes to apply the 14th Amendment to abortion. Sending it to the states is only a compromise in the face of the Abortion power. It will not stay in the States. Kamala openly campaigns on a Federal bill to impose all abortion, all the time on the States.
The opinion of SCOTUS found that it was not an enumerated right in the Constitution, neither in the 14th Amendment nor in any other Article or Amendment. The Court in Roe did not find that enumerated right to abortion either. What they found was that the Constitution conveyed a pervasive right to privacy. The Court that overturned
Roe could not find the underlying principle that caused the Decision in Roe. As with any unenumerated right, the decision is reserved for the States, and the People.
Votes are unnecessary in overturning a decision. POTUS is not the States. Neither candidate would have authority to tread on States’ rights without enumeration of that power in the constitution.,ie as in ending slavery based on equality.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The constitution does not enumerate a right not to be murdered or to be robbed, but each of us retains each of our natural rights whether enumerated or not. If a state were to sanction the murder of certain individuals (because of the color of their skin, for example), the 14th amendment delegates to Congress the authority to protect these individuals from their murderous state policies.
I’m sorry you misunderstood me, but what you are describing are crimes, also statutorily determined by states . And the 14th amendment stands as a bulwark against inequality under the law. The Constitutionally enumerated rights is where Roe fell short, but nonetheless reserved for the States, and the People.
That the right of a mother to terminate her pregnancy is not an enumerated right in the Constitution made it simpler for the court to strike down Roe as a precedent. Our “Constitutional” rights, though, are not limited to those enumerated by the Constitution. When it is said that, for example, murder is left to the states, it does not mean that a state gets to choose whether or not to pass and enforce laws against murder, only how. If the willful killing of an innocent and defenseless human simply because he or she has the temerity to exist is not murder, what is?
I agree, the body inside the mother is the one at risk. But not all see it that way. It went to the states because it is not enumerated as a right in the Constitution. It is therefore not constitutional.
Either we believe in the Rule of Law or we don’t. DEI says we don’t.
The government killed the 14th amendment many decades ago with affirmative action. It’s as dead as the 4th amendment since the Bush administration, the 10th amendment since Wickard v. Filburn, and it’s where the 1st amendment is currently headed under the Biden/Harris administration. We should have a requiem for the Bill of Rights.
I didn’t know the 10th amendment was dead. It’s why Dobbs went to the States…
It went to the States because neither the Court nor the Republicans have the votes to apply the 14th Amendment to abortion. Sending it to the states is only a compromise in the face of the Abortion power. It will not stay in the States. Kamala openly campaigns on a Federal bill to impose all abortion, all the time on the States.
The opinion of SCOTUS found that it was not an enumerated right in the Constitution, neither in the 14th Amendment nor in any other Article or Amendment. The Court in Roe did not find that enumerated right to abortion either. What they found was that the Constitution conveyed a pervasive right to privacy. The Court that overturned
Roe could not find the underlying principle that caused the Decision in Roe. As with any unenumerated right, the decision is reserved for the States, and the People.
Votes are unnecessary in overturning a decision. POTUS is not the States. Neither candidate would have authority to tread on States’ rights without enumeration of that power in the constitution.,ie as in ending slavery based on equality.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The constitution does not enumerate a right not to be murdered or to be robbed, but each of us retains each of our natural rights whether enumerated or not. If a state were to sanction the murder of certain individuals (because of the color of their skin, for example), the 14th amendment delegates to Congress the authority to protect these individuals from their murderous state policies.
I’m sorry you misunderstood me, but what you are describing are crimes, also statutorily determined by states . And the 14th amendment stands as a bulwark against inequality under the law. The Constitutionally enumerated rights is where Roe fell short, but nonetheless reserved for the States, and the People.
That the right of a mother to terminate her pregnancy is not an enumerated right in the Constitution made it simpler for the court to strike down Roe as a precedent. Our “Constitutional” rights, though, are not limited to those enumerated by the Constitution. When it is said that, for example, murder is left to the states, it does not mean that a state gets to choose whether or not to pass and enforce laws against murder, only how. If the willful killing of an innocent and defenseless human simply because he or she has the temerity to exist is not murder, what is?
I agree, the body inside the mother is the one at risk. But not all see it that way. It went to the states because it is not enumerated as a right in the Constitution. It is therefore not constitutional.
It is now Dobbs.