I posted this on my blog and since we have been dancing around the topic in many other threads, lets ing it out to a forum thrashing. I know that my beliefs are not like most of you, so please tell me where I am wrong with this:< > < > Quote:< > Would someone please tell me exactly what would happen if Roe v Wade were to be overturned? Would abortions all of a sudden become illegal? Actually, no, they wouldn’t. Roe struck down any state’s laws making abortion illegal. So there are no states that have laws making abortion illegal.< > < > Now I have an ongoing internal debate about abortion. I am a Libertarian (yes I am a member of the Texas Libertarian Party) I am a conservative Libertarian. I believe in the Constitution as it is written and I believe in the power of the democratic process. My wife is more pro-life then I am. I do have a problem with the killing of an unborn life as well as I have an issue with the government deciding who can and can not have children. I am more anti-Roe since it is bad law. < > < > I agree with Justice Ruth Bader Ginsburg that Roe is “bad law� and even Justice Harry Blackmun said in the opinion of the court, "Constitution does not explicitly mention any right of privacy.�< > < > Let’s go back to the ruling, Justice Blackmun did say that a right to privacy was implied in the First, Fourth, Fith, Ninth, and Fourteenth Amendments. Lets look at the text of those.< > < > First Amendment:< > Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or a idging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.< > < > Fourth Amendment:< > The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.< > < > Fifth Amendment:< > No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.< > < > Ninth Amendment:< > The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people< > < > Fourteenth Amendment:< > Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall a idge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. < > There are five sections to Amendment 14 but do not pertain to this topic.< > < > I do not see in those Amendments how a person that is reading the intent of the Constitution finds “Right to Privacy�. If you want to be picky you could point out that in the 14th “Nor shall any state deprive any person of life, liberty, or property without due process of the law� would almost seem that the state could NOT allow an abortion without a court ruling.< > < > Roe is not the ruling that created “Right to Privacy�. That is attributed to Griswold v Connecticut (1965) where the opinion of the court found “the Right to Privacy� in the “penum as� of the Constitution (meaning between the lines, not written but implied). The 7-2 decision overturned a Connecticut law prohibiting the use of contraceptives. The dessenting opinion call the law silly but Constitutional.< > < > Now, back to my point. What would happen if Roe were overturned? I think the issue would be handled the way it SHOULD be handled; by a VOTE of the people. Look at England, abortions are legal because the people voted them to be legal. Every now and again the issue is ought up for another vote, but it is decided by the people. This is what I want to see happen; Roe overturned and allow the people to vote if abortions should or should not be legal. I will not support any government body declaring abortions legal or illegal without the vote of the people.< > < > I am tired of the Pro-abortionists screaming that "if Roe is overturned our girls will be forced to a dirty back-alley abortion that puts their life in danger". Hell I guess by me posting this, I could never be a Supreme Court Justice. That is so sad that all qualifications for being a Supreme Court Justice go out the window based on how one answers the "is there a Right to Privacy in the US Constitution?"< > < > < > < >
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