Kevin_Kennedy
Defend Liberty
- Aug 27, 2008
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I would say that I find it an interesting and relevant question now. As you just pointed out Republicans, and obviously Democrats, have been using these referendums to push their agendas for a while now, and "abortion is a state issue" as you said. So yes, very relevant now.I think this would have been a much more relevant and interesting abstract question before the Civil War (also before women won the right to vote), when States and hence their Constitutions had much more significance. Today many state laws and state Constitutions are relatively easy to change or manipulate by ruling incumbent parties, or even by the people through referendums.
Ohio’s policy of allowing (via referendum of 50% of the vote) state constitutional amendments … was in force for over 100 years! Republicans wanted it raised to 60% now only for the specific purpose of protecting their anti-abortion laws and proposals.
Republicans in many states have in the last 50 years popularized and pushed citizen referendums to easily change state constitutions to support their political programs, for example to cap or roll back state real estate taxes. States’ constitutions vary greatly on how they allow amendments or popular referendums, as they now do on women’s rights and other issues.
On such a fundamental issue for women, our extremely unrepresentative “6 to 3” conservative U.S. Supreme Court should never have tampered with the long-standing Roe vs. Wade decision. Most Americans feel this way. But now that abortion is a state issue, I’m very glad hypocritical Republican politicians failed in their new attack on both democracy and women’s rights in Ohio.
And the Supreme Court isn't supposed to be representative, or partisan at all. That was, of course, a pipe dream, anything political will end up partisan, but it wasn't designed to be representative certainly. As for Roe, I'd say, per the 10th Amendment, it should always have been a state issue and that Roe was decided incorrectly for that reason. There should be a lot more state issues than there are, unfortunately.