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States Rights Empty
PostSubject: States Rights   States Rights EmptyMon Oct 28, 2013 2:00 pm

While I am opposed to states making abortion illegal, it probably *is* within the purview of their powers.  So why is the federal government overruling Texas's legislature?
http://www.huffingtonpost.com/2013/10/28/texas-abortion-unconstitutional_n_4171087.html

Quote :
Unlike the Mississippi case, Yeakel's order is a final decision, setting the groundwork for the 5th Circuit to review the merits of the law, not just an injunction against it.
And the 5th Circuit is one step below SCOTUS, isn't it?  Does this mean Scalia, Thomas and Roberts will soon be ruling on Roe v. Wade?
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PostSubject: Re: States Rights   States Rights EmptyMon Oct 28, 2013 2:14 pm

It is not within a state's purview to pass laws which have been found unconstitutional. There are a bunch of states which have passed what they considered clever, constitution-avoiding anti-abortion laws, and many have been overturned by the courts and others are undergoing judicial review, with the expectation that they will be overturned.

The civil rights groups have been reluctant to challenge many of the laws because they don't want to see them go to this SCOTUS.
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PostSubject: Re: States Rights   States Rights EmptySun Apr 10, 2022 10:14 pm

The book I just started reading on secularism starts by describing the differences between the colonies before they came together to form the United States of America.  Different colonies were populated by Frenchmen or Englishmen or Spaniards, some were strictly Protestant, some were Puritan, some were mainly populated by inmates shipped over against their will.

Made me think about States Rights again.  That phrase was used to justify the Civil War and slavery, and disagreements over how strong the central government should be go back to the founding documents.  I did a report on the Articles of Confederation in 7th grade, and the reason the first government of the USA failed is that there wasn't enough power in the central government.  No taxation, no ability to make treaties, no coordination between the colonies in trade or law enforcement or laws and regulations or the ability to declare war.  This set up the colonies to compete against each other, and traders to play one off the other.

That's also largely why the Confederacy failed, by the way.

Today this urge still finds voice among the conservatives who want abortion to be decided state by state.  

The ruling behind Roe stated that basic human rights, like dignity and bodily autonomy and self-determination, were basic enough that they needed to be universal across the whole country.  Otherwise you've got states competing for citizens again.

1400 Texans a month are leaving the state to get abortions elsewhere.

The former Confederate states still want to reconstitute, and leave the Union.  The type of people who would choose to live there are probably people who would be a danger to the United States.  They're not content to leave well enough alone.

Two failed attempts previously aren't enough, for those who aren't playing with a full box of crayons.
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