Issue Position: Abortion

Issue Position

The question of abortion is really a question of the point at which life begins, and it is an issue complicated by the numerous perspectives from which it is viewed, from conception to birth, the pain factor, the funding factor, the circumstances, and the many more means by which the issue is attempted to be entangled with government... and the furious passions, when actually, from my stance on the perspective of federal power, the issue is straightforward.

The Tenth Amendment to the Constitution provides: "The powers not delegated to the United States by the Constitution, nor prohibited by it [The Constitution] to the States, are reserved to the States, respectively, or to the people."

In fact, the Constitution does not empower the federal government to regulate abortion, and so that power falls, next, to the states, since the Constitution also does not specifically make legislation affecting the free choice of abortion a prohibition for the states, except on the overriding issue of individual freedom--the "blessings" and "unalienable rights of Liberty..."

Abortion is a right of competent human beings to choose--a liberty, and while states may pass such laws affecting such choice as they will, the federal government cannot impose to supercede upon the states in the matter, either way. Rulings of federal courts on the matter, which have imposed limitations or prohibitions upon the states with respect to exercising power over the People, affecting the choice on abortion, are cases of judicial review on the descent of power according to the Tenth Amendment, ruling that power falls through the states, as well, as abridgements of freedom (liberty), to then lie soundly with the People (the woman).

The People have it within their means, through the structures of their families, clergies, and medical professionals (who by their professional ethics can "do no harm" to a patient), to best arrive at determinations upon the question of the choice with respect to abortion, without the interference of the government, especially considering the varying circumstances which may exist. Doctors will advise and act based upon medical circumstances, their professional ethics and regulations; clergy will educate and instruct according to the religious custom and doctrine of each, and one doctrine should not hope to prevail over another, or seek to impose upon the government to enforce an obligation of its doctrine upon others; while women and their families will choose according to the circumstances that directly affect only them, in consultation with their trusted professionals, advisors, clergy, and support groups.

I oppose federal legislation which, without proper delegation within, or Amendment to the Constitution, infringes upon the rights of the states or the People.

But just think about what would happen if the courts had not ruled for the freedom of the People:

States banning abortion would only be imposing hardship and discrimination upon the less-affluent in society, with no moral purpose really being served, as affluent citizens would simply travel to other states or countries where abortion is both legal and safe;

an illegal industry and flow of revenue would be created for criminals, including practitioners who have lost their licenses, illegal- and legal-immigrant doctors who are only licensed to meet the standards in their homelands, creating the seedy, frightening reality of back-room operations, inviting risk of death and tragedy for the less-affluent mothers who would have no other choice, as well as young daughters of affluent families who would seek illegal abortions in order to keep their pregnancies secret, a factor for states considering age-reporting mandates. Never forget the lessons of history, where Prohibition proved that any time government bans anything the public needs or wants, crime will find a way to provide it, profiting and growing in the process.

The real solution available for states as well as religious interests is to prevent unwanted pregnancies from happening in the first place, through education and contraception. And states can go further with two specific provisions I would support if they were within the purview of the federal government:

Since choice depends upon "competent" individuals, require notification of parents when the prospective mother is a minor, to bring them into the process;

and create a mandatory, standardized program of single-session counseling that can be provided and signed-off by doctors, clergy, or independent psychologists (at state or charitable expense) to make prospective mothers aware of alternatives to abortion and all other factors that will impact as a consequence of their decisions, no matter what choice is ultimately made.
The more complex and arguable an issue, the less likely that it should properly be delegated to the power of the federal government for mediation or a resolution that will best serve all or most of the People. Nor should government be the focus for arbitration of issues just on the basis of passion or morality or religious edict if America is to be a Democratic Republic, and not something resembling the characteristics of an Islamic state, which would be the case if the religious basis for arguments on abortion superceded the constitutional provisions for delegating the People's power to government. If the federal government is to take a stance on abortion, a constitutional amendment must be passed to specify the power of the government to enforce that stance; that's the only way the power of law on the issue and its enforcement can be vested in and derived from The People to be brought to the heavy hand of federal-government control.

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