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The decision to have an abortion is a decision of a woman, on her own body, for the future of the woman, who is already alive, vs. the future of a fetus, whom with all due respect to him, is not even born.
This is a situation where a woman has no choice and she must choose, not between good and good but between what is less bad vs what causes more harm for her as well as for an unwanted baby.
Whether the pregnancy is the result of rape, an accident, a broken relationship, poverty or some other medical reason, the sense of justice must always be in the interest of the living woman and not of the unborn fetus.
This is the right thing to do even in enlightened and developed countries, and even more so in third world countries such as the United States, where the value of human life is worth far less than a barrel of oil, a comfort of a pet or a handful of dollars.
(I'm talking only about the zero value of the life’s of the 99% of non-white-blond-rich-blue eyes Americans, obviously).
The very fact that men's decision to force women to give birth to a baby they do not want is controversial - it makes me shudder, shock and sad.
I look forward to next episode of the early-life theory, which sends to life imprisonment men who masturbated, or had sex with a condom and by doing so is found guilty of mass murder of so many potential-lives with such a careless squirt of a sperm ...
The rest of your comment, while something I am passionate about, is off-topic for this article, so I will not be pursuing further discussion on that topic.
So on this issue we can agree that we do not agree and that is of course fine.
The bigger problem, in my opinion, affects a much broader and more important issue. And this is the sanctity of individual’s liberty, and crossing the sacred boundary between the narrow role of state, law, legislature, and officials, vs. all matters in which belongs exclusively to the people and non of the law/stats business. This is a basic standpoint that has long been totally lost in so many areas, to the extant that turn the United States from a theoretical-democracy to a dictatorship the facto. A Soviet-style bureaucracy (without the wisdom Chinese part).
USA became a third world country in too many parameters. It’s about time to decide if to stand up again and start recovering together all what is broken, or keep fighting with each other and letting the American dream continue to collapse.
If the American people unite around a joint decision to rehabilitate everything that has been totally bankrupt in America, America has a future.
And if the Americans continue the current and ongoing civil war that divides it and tires the lives of its two halves over its two halves, America will end its imperialist episode in poverty and misery just as it did for empires stronger and smarter and richer than it: Yiwu, Turkey, Egypt, and Mongolia.
America is the poorest country in the world and one of the least free countries in the world. Either fix it as long as it is possible (and it is still possible!) Or it is not worth fighting for anything because it is a malignant social cancer whose end is only a matter of time.
China, Russia and North Korea are not enemies of America. America is America's only enemy. America invents external enemies to hide the fact that its only enemy is the cancer that has spread throughout its body: the cancer of bureaucracy and the takeover of everything that was supposed to be individual liberties.
While I see your point about the illegitimacy of the Courts decision, merely repealing Roe v Wade would have returned things to the chaos that existed prior to that ruling, which I imagine that the Court was loathe to do and besides, the states would have had to then take up the issue, if nothing else than to protect women from guys like Kermit Gosnell. However, contrary to your line of reasoning, what the Constitution does to a substantially degree is codify the Declaration of Independence including ". . . that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." For me, the whole argument about abortion is not that a woman does not have the right to her own life, liberty, and pursuit of happiness, but she does not have the right to destroy a life within her and the possibility of that life being able to know liberty and to pursue happiness. Hence, what the Court did was to correct the judicial activism manifested in Roe v Wade, and gave the responsibility for making the determination of how abortion is to be handle to the state legislators and ultimately, the people who elect them.
In closing, I agree with you that governments should not be in the business of regulating morality, but reality is that they are and are likely to become more involved due to the moral decay that is now destroying the very roots of societies, including ours in the US.
That's exactly the point. the right to an abortion should NOT be stated under the Constitution, for the simple reason that the Constitution has no authority at all to declare matters that are outside its area of authority. And the woman's body is outside the bounds of the constitution and therefore does not need its approval and is not subject to its prohibition.
The role of the constitution and the authority of the constitution are limited only to the relationship between a citizen and the state and not to the relationship between a person and himself. Trying to look for in it what should not be in it at all is absurd. The citizen does not derive his human rights from the constitution, it is the constitution that is subject to them.
In its ruling, the Supreme Court argues that the authority to permit or prohibit abortion is within the jurisdiction of the local laws of any state. And here the Supreme Court has sinned in understanding its role in general and the role of local laws in particular.
The Supreme Court is not empowered to give the local legislature powers that it cannot have.
A woman's right over her body is above the constitution and laws and not subject to it.
The revocation of the Roe v Wade ruling is indeed justified because the Supreme Court did not have the authority to permit (or prohibit) abortion. But the Supreme Court's argument that the authority to prohibit abortion does exist within the framework of local legislation is in itself an illegal act of legislation. The Supreme Court should have dismissed Roe v Wade and declared that this issue is not within the jurisdiction of either the legislature or the Constitution.
By the act in which the Supreme Court delegated to the local legislature an authority that the state’s legislator does not have and cannot have, to expropriate the exclusivity of the woman's right over her body, the Supreme Court has exceeded its authority and therefore its ruling is illegal and non-binding.
The Supreme Court can give the local legislature only the power it has. It cannot give the legislature an authority that does not and cannot have neither the Supreme Court nor a federal or local legislature. A woman's right to her body is exclusive, and therefore is beyond the jurisdiction of the law, and above it.
What are you talking about? You speak as if you are reciting the nonsense that the American education system is dumping on students.
The main difference between democracy and dictatorship is that in a dictatorship everything is forbidden except what the law allows, while in a democracy everything is allowed except what the law forbids. So the constitution should not allow breathing, eating, farting or abortion. As long as it does not explicitly state that it prohibits abortion, this right exists spontaneously and does not require any legislation.
Besides, no American should have his rights enshrined in the Constitution anyway, because this document, to remind you, is a racist, chauvinistic, anti-democratic document that denies human rights to all women, all blacks and all the poor. Even after the very important amendments made to fix some mistakes in this horrible document over a hundred years of stupidity, it is still a document that we should not rely on as a source of basic human rights.
Your argument, which justifies the position of the judges that the Constitution has no right to abortion and therefore is not a binding right, is superficial, and unfounded. The constitution also does not have the right to breathe, eat and fart. And yet it is a right of every citizen and the opinion of Supreme Court justices, or of the legislators, or of the prostitutes in Las Vegas cannot deny those basic rights that are not mentioned in the Constitution.
A constitution does not define all human rights and not even just their principles. That is not the purpose of the Constitution at all.
A constitution is merely a social contract. As a contract, it naturally binds only those who have agreed to be a party to this contract and accept its terms. And abortion is not an issue that belongs at all to this contract and therefore it is not a right that the contract should define at all because it is the exclusive right of the woman over her body.
Judges and legislators who oppose abortion do not have to have an abortion themselves. But their opinions and laws and rulings on such a matter do not bind anyone else. That the right of the state ends where the citizen's nose begins. The jurisdiction of the court and the authority and legislation of legislators ends where the woman's body begins.
Unlike human rights, the constitution is not a sacred document. Human rights are above the law and above the constitution and no permission of any dubious politician-legislator is required to legislate them.
Every woman is the sole owner authorized to decide what to do and not to do with her body, no matter what the opinion of the constitution or the law or the judges in this matter.
I agree that the constitution is the law, but as the article state: human rights are above the law, and not subject to it.
So the Supreme Court (as well as state laws) has no say in such a matter. Woman’s body is non of any law business, it’s only her own business. No federal or state law, nor constitution, can force or prevent woman from having abortion or not.
It’s simply issue that is above the law.