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Roe v. Wade: A Nullification Issue

July 14, 2011
Michael Maharrey, TAC

“Abortion is murder.”

“A woman has a right to choose.”

Few issues divide a room, a city or a country faster than abortion.

The abortion issue creates a political and philosophical quagmire, pressing itself into the realm of science and religion, the right to life and of personal sovereignty.

In 1973, the U.S. Supreme Court interjected the federal government into the issue, ruling that a Constitutional right to privacy enforced through the due process clause of the 14th Amendment grants women the right to an abortion.

The decision makes mincemeat out of the Constitution. An enumerated right to privacy exists nowhere. One could argue that individuals possess a natural right to privacy, and further assert that the federal government has no authority to abridge that right under the Ninth Amendment. But the Bill of Rights was never intended to bind the states, and the Tenth Amendment leaves all power not delegated to the United States to the states and the people.

Abortion should never have become a federal issue.

And now… the rest of the story. …..

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