Tuesday, November 25, 2003

Here's an idea: Pass a constitutional amendment that says the power to regulate abortion lies with the states. Congress may regulate things like transporting a minor across state lines to get an abortion, but intrastate activity would be controlled by the - wait for it - the states. Such an amendment would have a chance at passing (albeit a small chance), whereas a national abortion ban will not get ratified by 37 states and two thirds of both houses of congress in the foreseeable future. It wouldn't everywhere stop the evil barbarism, but the votes to do that just aren't there.

And while we're at it, let's add to the amendment that gay marriages, civil unions, sodomy laws, and the like are also the purview of the states, along with a clarification (perhaps I should write exception) that the Full Faith and Credit clause does not require states to recognize any and all marriages from other states.

Wait a minute - we already did this over 200 years ago (excepting the Full Faith and Credit clause stuff). It's called the tenth amendment. However, our supreme court, through misinterpreting the fourteenth amendment at best and pulling penumbras out of thin air at worst, has nationalized abortion and sodomy laws. I fear it is only a matter of time before the opinion of five justices become national policy on gay marriage. The tenth amendment is dead (save a few good decisions by the Renhquist court on limiting Congress's interstate commerce purview to something closer to, you know, actual interstate commerce). It's as though we've been reduced to passing another copy of the tenth amendment suffixed with "We really mean it this time."

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