Sunday, May 8, 2022

Schumer says Roe v. Wade isn't Federal Law

"Today, I'm announcing that next week the U.S. Senate is going to vote on legislation to codify a woman's right to seek an abortion into federal law."
Senator Charles Schumer

By this very statement, Schumer explains why Roe v. Wade should be overturned.  It was never legislated and yet is it law.  That is an oxymoron.  The courts are meant to interpret and apply the laws.  Sometimes when they do this, they overreach.  Roe is such a case.  The Congress did not legislate and yet a 'law' came into existence in 1973 through a court ruling.  This 'law' was created through a hundred-year-old amendment, which had not been viewed as saying anything on the topic.  Much as the Constitution is silent on murder, theft, burglary, assault, speed limits, building codes, or medical licensing, it is also silent on abortion.  These are all issues for states to legislate, provided they don't run afoul of the specific limits listed in the Constitution.  If Roe is overturned, abortion will face severe restrictions in some states and open support in others.  This would be very like how states treat gun rights, something that is specifically protected in the Constitution.

Let the Congress legislate, and face election based on the laws they pass.  That is how the system is supposed to work.  Too often, unelected judges and bureaucrats are making laws for which the people have no recourse.

"All legislative Powers herein granted shall be vested in a Congress of the United States"
Article 1, Section 1, US Constitution

All.  Not most.  Not the majority.  All.  If a citizen is compelled to obey, then it better have been passed by Congress and signed by the President.  If not, it's invalid.  Congress didn't legislate Roe.  It should be overturned.

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