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

[progressive hunter]

Any link I post you'll claim is fake news. That's why there is no point debating you things.

wont know until you try,,

can you refute whats in my link??

 

[Votto]

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.

The issue is when does a person have inalienable rights?

When is someone considered human?

This then becomes a federal issue, but one SCOTUS sidetracked with Roe hiding behind a woman's privacy.

 

[progressive hunter]

The issue is when does a person have inalienable rights?

When is someone considered human?

This then becomes a federal issue, but one SCOTUS sidetracked with Roe hiding behind a woman's privacy.

a person by definition becomes that at conception when their unique DNA shows them to be an individual,,

 

[Votto]

a person by definition becomes that at conception when their unique DNA shows them to be an individual,,

Says who?

 

[progressive hunter]

Says who?

the dictionary

 

[Votto]

the dictionary

So, by your definition they are a person at conception.

 

[playtime]

Ahh the "logic" of a red hat.

 

[playtime]

youre right,, but a baby in the womb with a DNA of their own is a human being,,

thats a scientific fact,,

human DNA - but not a baby. b4 viability, it's not a being with more importance than the pregnant female it is inside of.

 

[progressive hunter]

So, by your definition they are a person at conception.

thats how the dictionary lays it out,,

Definition of PERSON

human, individual —sometimes used in combination especially by those who prefer to avoid man in compounds applicable to both sexes; a character or part in or as if in a play : guise; one of the three modes of being in the Trinitarian Godhead as understood by Christians… See the full definition

www.merriam-webster.com

 

[progressive hunter]

human DNA - but not a baby. b4 viability, it's not a being with more importance than the pregnant female it is inside of.

it is a human child,,

and it is viable at conception unless someone kills it or it dies from natural causes,,

using your logic it isnt viable after birth because it will die unless its taken care of,,

 

[Crepitus]

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.

The right to an abortion was in the hands of the people, and the SC(r)OTUS took it away.

 

[progressive hunter]

The right to an abortion was in the hands of the people, and the SC(r)OTUS took it away.

there is no right to abortion,,

 

[whitehall]

It wasn't federal law that legalized abortion on demand, it was a faulty Supreme Court (Roe v Wade) decision that found a "right to privacy" that did not exist in the Constitution.

 

[playtime]

it is a human child,,

it is not a child until fully formed.

and it is viable at conception unless someone kills it or it dies from natural causes,,

do not use the word viable as if it means gestated. because it does not mean the same thing at all.

using your logic it isnt viable after birth because it will die unless its taken care of,,

ummmm..... no.

 

[progressive hunter]

it is not a child until fully formed.




do not use the word viable as if it means gestated. because it does not mean the same thing at all.




ummmm..... no.

thanks for your opinion but I will stick with the science and the dictionary,,

 

[Foxfyre]

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.

Well that's sort of what SCOTUS did when they overturned Roe. They gave absolutely no opinion whatsoever on abortion as their reason for overturning Roe. Their opinion was based strictly that abortion is not something the Constitution authorizes the federal government to regulate.

Bad actors dishonestly say the Court banned abortion. They did not do that in any way.

That is precisely the point Justice Thomas made when he said the court should reevaluate its decision on same sex marriage. He gave absolutely no opinion from himself or on the behalf of the court on that subject, but only that it was not something the Constitution authorizes the federal government to regulate.

Bad actors dishonestly say he wants to ban gay marriage. As a Supreme Court justice, he did not even suggest that much less said it in any way, shape or form.

 

[konradv]

thats not how laws work,,

laws say what you cant do,,

What about a law saying you can’t be prosecuted for murder, if you perform an abortion?

 

[progressive hunter]

What about a law saying you can’t be prosecuted for murder, if you perform an abortion?

that would be stupid,, just repeal the laws against murder,,

 

[Nobody911]

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.

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?

 

[john doe 101]

wont know until you try,,

can you refute whats in my link??

Sure.