With the leaked alleged major opinion from the Supreme Court, that supposedly overturns the 1973 Roe v Wade decision, we need to look at the ramification of the original decision. Whether one believes that abortion is a sacred right or that the right to life is the first and most important of all rights, the Supreme Court effectively stole everyone’s right to vote on the issue in 1973 with the Roe v Wade decision.
When any side on any issue states that something threatens “our democracy”, they are clearly contributing to the confusion many people have regarding our form of government. We do not have a “democracy”. We have a democratic republic. In a democracy, every citizen votes on every issue. It may work in a small village, but it is way to burdensome and time consuming for the citizens in jurisdictions with larger populations and with more issues and laws to be debated and enacted.
In the simplest terms, in a democratic republic, we elect “representatives” to study the issues and vote for us in a legislature or congress. We vote for an executive to enforce the laws, (president in our country). While we may not agree with our candidates on every issue, most voters prioritize issues and vote for the candidates that they feel will most likely vote for their values and the issues they care about most.
Until Roe v Wade, the elected officials in every state had enacted laws against abortion. In most states, abortion was illegal except in extraordinary situations, such as rape or incest or if the continued pregnancy was a danger to the health of the mother. Other states had laws that were more restrictive of abortion and some states had laws that made abortions much easier to obtain. What the Roe v Wade decision did, was throw out the laws that were duly enacted and signed into law by our popularly elected representatives.
Seven of nine, non-elected, appointed for life, justices overturned laws enacted by the people’s elected representatives. In other words, they negated the votes of the majority of voters in every state. Not only that, but Roe v Wade was an obvious violation of the Tenth Amendment which states, unequivocally, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively or to the people.”
Constitutionalists believe that the Constitution means what is written in it. To change it we must go through a difficult amendment process. Leftists believe that it is a “living, breathing” document that must be adapted to modern times by enlighten jurists. The argument from the left is specious at best. The Founders would not have made the Constitution amendable if it could be changed at the whim of a majority of justices on the Supreme Court.
While the decision in Roe v Wade was ostensively about abortion, its effect was to steal the vote from the individual states and the voters in those states. The seven justices who stole that power, gave it to the federal judges and for fifty years they have tried to do what state legislatures should have done. Instead of having fifty different abortion debates and solutions for the populations of each state, those justices imposed their own one solution that satisfied no one, and had to be continuously modified.
While I am personally and morally opposed to abortion, as a Constitutional Conservative, I know that Roe v Wade should be overturned and the power that was stolen by that decision, should be returned to the individual states and the voters.