Posted by:
janeeliot
(
)
Date: May 09, 2022 03:24PM
Henry Bemis Wrote:
-------------------------------------------------------
> Yes, yes, keep on digging!
>
> "Henry -- really? The 10th Amendment reads "The
> powers not delegated to the United States by the
> Constitution, nor prohibited by it to the States,
> are reserved to the States respectively, or *to
> the people*."
>
> COMMENT: Yes, to the people. So, it is a state
> matter to be decided by the people of the
> respective states, through their elected
> representatives.
> __________________________________________
>
> "As Roe reserves the power *to the people* it is
> not in violation of the 10th Amendment."
>
> COMMENT: The "power" referred to in the 10th
> Amendment is not the power to make personal
> choices, it is the power as related to the actions
> of the federal or state government, as such
> actions are defined by the Constitution. The Roe
> decision constituted a *federal* action by the US
> Supreme Court instituting rights allegedly derived
> from the federal Constitution. Roe was not a
> state action, or an action submitted 'to the
> people' through their state representatives.
> Quite the contrary, it was designed to avoid just
> such a popular vote! So, you see, you
> fundamentally do not understand what this whole
> discussion is about. All you understand is your
> outrage.
> __________________________________________
>
> "And if your interpretation of the amendment were
> correct, why can't the states have Jim Crow -- or
> -- for that matter -- slavery? What's to stop
> them?
>
> COMMENT: The 13th and 14th Amendments to the
> Constitution.
>
> Suggestion: Stop talking and start listening.
> Remember, I am a progressive liberal who believes
> in free choice. I just don't believe in free
> outrage.
Your point about the 13th and 14th Amendment is well-taken -- just as long as you remember the 14th Amendment was passed in 1868 -- just as Jim Crow was taking root -- and somehow Jim Crow managed to flourish under the 14th Amendment until 1954 when Brown was decided. So there's that.
And Roe is, by the way, also rooted in the 14th Amendment. So there's that.
Are you sure you want to bring up the 14th Amendment?
What is the 14th Amendment and How is It Connected to Abortion Rights, Roe v. Wade?
https://www.nbcchicago.com/news/local/what-is-the-14th-amendment-and-how-is-it-connected-to-abortion-rights-roe-v-wade/2823999/