In that case, how do we have federal laws like Partial-Birth Abortion Ban Act?
2022 House and Senate election
- Thread starter mchammer
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Multiple grounds. First, there's no constitutional text giving that power to Congress. Remember that the federal government is one of enumerated powers. Second, because that power is neither given to the federal government, nor denied to the states, it belongs to the states or to the people under the 10th Amendment. Third, if it requires medical providers to perform abortions without religious exemptions, it violates the First Amendment free exercise clause.
It's limited to physicians "in or affecting interstate commerce." However, I think that's a BS claim. Congress can technically do this, but if we're interpreting interstate commerce properly, this would be a very narrow class of abortions.
The free exercise clause point?
Similar arguments applied to the Colorado cake baker case.
Beto in 2028
^I can think of a better place to throw Beto.
It would be similar to the cake baking case, but I think the case is stronger on the abortion scenario, because we're talking about a federal law. If we're strictly following the Constitution, a state isn't required to allow the free exercise of religion.
An example for that law is a Californian can stay in California to abort during partial birth but that same Californian could not travel to New York to abort during birth?
It's more like a NY doctor is advertising and arranging interstate travel for people seeking abortions. Remember, the law is aimed at the doctor.
But that isn't what the lawmakers had in mind. They had in mind pretty much anyone in the abortion business, because they're applying the ridiculously broad readings of the interstate commerce clause that the Supreme Court used to keep from shrinking down the federal Civil Rights Act.
Who's ignoring the Constitution? The First Amendment says, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;." What part of that talks about the states?
In fact as Chief Justice Marshall wrote for a unanimous Court in Barron v. Baltimore back in 1833, there is no indication that the founders intended for any of the Bill of Rights to apply to state governments. The Constitution only limits state power where it expressly says so.
The founders expected State and local governments to be strong, with the federal government being very weak - except in the clearly defined spheres in which power was explicitly given to them.
Terrific idea - maybe we should try that again.
And bear in mind that the Constitution was written primarily by Federalists, and Chief Justice Marshall was a Federalist. These were the people who believed in a relatively strong federal government. They were the "big government liberals" of their day.
It would do so much to heal this country. Our system would fix a ton of problems on its own if we just stopped being a country of self-righteous pu$$ies and busybodies and let states and localities decide issues on their own.
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^Montana is pretty red. It's been expected that Tester's seat will flip. Along with WVa (almost certainly red), this would set up the GOP to retake the Senate.
Post civil war constitutional theory is that the due process clause of the 14th amendment incorporates the bill of rights to apply to the states, right? Can’t really cite Marshall or the founders.
The post Civil War constitutional theory does, but the actual language does not. I reject the theory, because not only is it not in the text, it's in conflict with it.
Re: the Texas polling...good. I'm not sure I dislike Allred more than Beto, but it's close.
BTW, on the RCP website, there's some very telling data re: the polling today as compared to 2020. Trump is ahead in every battleground state today. Each state listed - OH, FL, WI, PA, MI, AZ, NV, NC, and GA had Biden leading on Oct. 27th, 2020. (Trump was barely ahead in OH by .6.)
This is setting up to be a landslide OR, sorry to say, a complete steal/civil war.
BTW, on the RCP website, there's some very telling data re: the polling today as compared to 2020. Trump is ahead in every battleground state today. Each state listed - OH, FL, WI, PA, MI, AZ, NV, NC, and GA had Biden leading on Oct. 27th, 2020. (Trump was barely ahead in OH by .6.)
This is setting up to be a landslide OR, sorry to say, a complete steal/civil war.
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