How do you reconcile a FEDERAL law legalizing abortion with the Tenth Amendment?

[EvilCat Breath]

thats easy,,

protecting human life let alone an innocent child is a national issue,,

if its OK to murder an innocent child in the womb it should be legal to murder anyone,,
do you want to live in that world??

Murder, except for certain instances is a state issue. Therefore, abortion is a state issue.

 

[progressive hunter]

Murder, except for certain instances is a state issue. Therefore, abortion is a state issue.

beings the issue is about abortion not murder, right to life is a federal issue,,,

 

[EvilCat Breath]

SO if I get your message,
If your a member of a political group who THINKS differently than you do, its ok to have an abortion?
But you are pro capital punishment?
What happened to that most popular Christian slogan being spoken now?
HATE the sin, forgive the sinner?

The major difference is the death penalty is punishment for crimes. Abortion ends the life of a total innocent. Your closest argument is that the zygote has committed the crime of being conceived.

 

[Mashmont]

The 10A in its entirety says:
"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."

Since abortion is never mentioned or implied anywhere in the constitution, it is a state issue. Any attempt by the feds to legalize it will be struck down by the Supreme Court.

This is why we're working the fetal personhood angle. Once that is in place then all abortion is illegal because it's murder.

 

[EvilCat Breath]

beings the issue is about abortion not murder, right to life is a federal issue,,,

It's really not. If you want to get technical, crossing state lines to get an abortion might be stretched to include the commerce clause or the Mann Act. Abortion is never mentioned in the Constitution so it's not a federal issue.

 

[progressive hunter]

It's really not. If you want to get technical, crossing state lines to get an abortion might be stretched to include the commerce clause or the Mann Act. Abortion is never mentioned in the Constitution so it's not a federal issue.

thats a leftist perversion of the commerce clause,,

5th amendment says all persons are allowed due process,,

another says "no cruel or unusual punishment"

 

[sartre play]

The major difference is the death penalty is punishment for crimes. Abortion ends the life of a total innocent. Your closest argument is that the zygote has committed the crime of being conceived.

MY disagreement is that you totally DESREGARD the life of the MOTHER.

 

[progressive hunter]

MY disagreement is that you totally DESREGARD the life of the MOTHER.

if the life of the mother is really in danger we cant discuss that,,

but dont use that with the other 98% of aborttions,,

 

[EvilCat Breath]

This is why we're working the fetal personhood angle. Once that is in place then all abortion is illegal because it's murder.

thats a leftist perversion of the commerce clause,,

5th amendment says all persons are allowed due process,,

another says "no cruel or unusual punishment"

No it says cruel AND unusual punishment. I'm with you. Abortion is the taking of human life. The baby killers just don't want that recognized.

 

[EvilCat Breath]

MY disagreement is that you totally DESREGARD the life of the MOTHER.

She's not the one being killed. She is inconvenienced though, that's true. If the mother wants to kill off the person, okay. Just stop lying and admit she's okay with the death.

 

[ThisIsMe]

Rights are always a federal issue.

Only so far as what the cotus says. Abortion, among many other things, are not a federal issue. That’s why we have the 10th amendment.

 

[StatesRightsForever]

The Constitution doesn’t say the state can mandate you wear a green shirt either--it doesn’t mention clothing at all... so by your “logic” states can force you to wear green shirts, baseball caps, the Star of David...that would play well in Red States.

No one has any idea what you are talking about?

 

[konradv]

Only so far as what the cotus says. Abortion, among many other things, are not a federal issue. That’s why we have the 10th amendment.

SUPERSEDED!!!

 

[ThisIsMe]

SUPERSEDED!!!

Eh?

 

[Admiral Rockwell Tory]

thats easy,,

protecting human life let alone an innocent child is a national issue,,

if its OK to murder an innocent child in the womb it should be legal to murder anyone,,
do you want to live in that world??

Sorry! Incorrect. State issue. No interstate commerce required.

 

[Admiral Rockwell Tory]

yeah aintt it horrible,,

how dare I protect innocent children from sick ***** that want to kill it,,

Your state's problem.

 

[Admiral Rockwell Tory]

normally its killed before its removed,,

if a doctor removed the child and then killed it he would go to jail,,

we need to make it illegal regardless of the geography of the child,,

Get your state to do that. Mine has!

 

[Admiral Rockwell Tory]

where in the constitution does it say shooting someone in the face is murder,,

we can do this all day you know,,

Another example of a state's responsibility, and laws passed by Congress against murder are constitutional.

 

[Admiral Rockwell Tory]

Bill of Rights > State laws.

The question is does a clump of cells up to delivery have any civil rights?

Riddle this......If a murderer kills a pregnant woman they get two murder charges.....Isn't that at loggerheads with the clump of cells having no rights thing?

The world wonders

State laws, not federal apply.

 

[Admiral Rockwell Tory]

The Legality of Abortion under Federal Law and the Tenth Amendment

The legality of abortion under federal law can be harmonized with the principles of the Tenth Amendment through the following considerations:

1. The Constitutional Basis for the Right to an Abortion: The Supreme Court's decision in Roe v. Wade established that the right to privacy, grounded in the Fourteenth Amendment's concept of personal liberty, includes a woman's decision to carry a pregnancy to term. This constitutional basis recognizes that the decision to have an abortion is a personal and private matter.

2. Federal Abortion Restrictions: While the right to an abortion is protected under federal law, there have been federal restrictions on abortion as well. For example, the Hyde Amendment restricts the use of federal funds to pay for abortions provided through the Medicaid program. The Supreme Court has upheld the constitutionality of such restrictions in cases like Harris v. McRae.

3. State Sovereignty and the Tenth Amendment: The Tenth Amendment to the United States Constitution reserves powers not delegated to the federal government to the states or the people. In the context of abortion, the Tenth Amendment allows states to have different laws and regulations regarding abortion, as long as they do not infringe upon the constitutional rights established by the Supreme Court.

4. State-Level Protection of Abortion Rights: State constitutions and court systems have recognized the importance of protecting abortion rights and reproductive autonomy. State courts have developed jurisprudence that recognizes personal privacy and autonomy rights, equality principles, and the historical and textual foundations of abortion protections. This recognition allows states to provide greater protection for abortion rights within their unique constitutional frameworks.

5. Congressional Enforcement Clause: Section 5 of the Fourteenth Amendment, known as the congressional Enforcement Clause, allows Congress to enforce the prohibition on states from depriving people of life, liberty, or property without due process. This clause could potentially be used to back a federal law protecting pregnant people from anti-abortion laws passed by states.

6. Constitutional Challenges and Federalism: If a federal law legalizing abortion were to face constitutional challenges, opponents might argue against it on federalism or equal protection grounds. Under the federalism argument, opponents would claim that codifying Roe does not fall under Congress's enumerated powers mentioned in Article I of the U.S. Constitution or the Fourteenth Amendment.

In summary, the legality of abortion under federal law can be harmonized with the principles of the Tenth Amendment by recognizing the constitutional basis for the right to an abortion, allowing for federal restrictions, respecting state sovereignty within constitutional limits, and considering the enforcement powers of Congress and potential constitutional challenges.

Sources :

1. Right to an Abortion

2. State Constitutions and Abortion Rights - Center for Reproductive Rights

3. Codifying Roe: Here are the constitutional challenges a federal law legalizing abortion may face, experts say

Edit:

Female dogs, also known as mother dogs, typically have a strong maternal instinct towards their puppies. They provide nourishment, warmth, and protection to their young ones. While it is widely observed and documented that mother dogs show affection and care towards their puppies, it's important to note that the intensity of this behavior can vary among individual dogs. Let's explore some evidence and examples of this maternal love in dogs.

Scientific Studies:
Several scientific studies have provided evidence of the maternal behavior exhibited by female dogs towards their puppies. For example, a study conducted by researchers at the University of California, Davis, found that mother dogs display attentive behaviors such as licking, nursing, and grooming their puppies, which are essential for their proper development.

Observations in Nature:
Observations of dogs in their natural environment or in controlled settings also provide evidence of maternal love. Mother dogs often spend a significant amount of time with their puppies, closely monitoring their well-being and providing them with comfort and security. They may also exhibit protective behaviors, such as growling or barking if they perceive a threat to their puppies.

Personal Accounts:
Many dog owners and breeders have shared personal accounts of their female dogs' affectionate behavior towards their puppies. These accounts often describe the mother dog's gentle interactions, nurturing instincts, and dedication to caring for her offspring. These firsthand experiences further support the idea of maternal love in dogs.

In conclusion, there is ample evidence from scientific studies, observations in nature, and personal accounts that female dogs show love and care towards their puppies. Their maternal instincts drive them to provide the necessary care and protection to ensure the well-being of their young ones.

Human being knows how to exploit a law by means of loopholes, but dog does not. Human being is a lot smarter. However, mother dog does it better than( female )human being, in terms of taking care of the unborn baby? What do you think?

All of your information has not been updated since the SCOTUS ruling overturning Roe v. Wade.