The idea that abortion should be left up to the states is a stupid arbitrary position republicans embrace purely for political reasons

[pknopp]

That's due to the 4th amendment, as courts have decided consistently that they count as a search. It's a specific interpretation of modern technological issues with the warrant requirements under the 4th.

that is a far shorter step than making up some right to privacy in general.

So how does one determine an abortion has been performed without searching ones medical records?

 

[martybegan]

So how does one determine an abortion has been performed without searching ones medical records?

That has nothing to do with the situation. Medical records can be opened and reviewed for criminal prosecutions with a warrant, as long as they are needed to prove the occurrence of a criminal act.

Most privacy laws regarding medical records apply to CIVIL actions, not criminal.

 

[pknopp]

That has nothing to do with the situation. Medical records can be opened and reviewed for criminal prosecutions with a warrant, as long as they are needed to prove the occurrence of a criminal act.

Most privacy laws regarding medical records apply to CIVIL actions, not criminal.

But you are now addressing the issues concerning the issue.

Let's say a woman gets pregnant. She tells no one. She gets an abortion. Then what?

 

[martybegan]

But you are now addressing the issues concerning the issue.

Let's say a woman gets pregnant. She tells no one. She gets an abortion. Then what?

Then it's up to the government to figure it out, just like any other crime.

 

[pknopp]

Then it's up to the government to figure it out, just like any other crime.

I kinda want to know also.

 

[DGS49]

is there something in the constitution that makes this known? No of course not. Republicans in office are simply conveniently embracing this idea to soften their stances post Roe being overturned. They are such cowards. They will say anything to help their chances in an election. How does anyone justify voting them? They don’t have any actual principles.

Hell, as much as I am pro-choice, I at least give credit to Graham and Pence for having a genuine principled stance on issue before an election. The rest of them though? Spineless, international embarrassments.

The OP needs a little history lesson.

This country was founded by thirteen separate colonies which all wanted to retain as much of their sovereignty as possible, while consolidating the government functions that could best be done on a consolidated basis. That list of consolidated functions is detailed in Article I, Section 8.

EVERYTHING ELSE, aside from that short list of consolidated functions, remains with the States. So if a matter is not mentioned in Article I, it is, by default, a matter for the individual states to decide. Family law, property law, crimes against people (murder, theft, assault, etc.) are all retained by the states.

Abortion ain't on the list.

This is not complicated.

If that makes you uncomfortable, petition your Congressman and your state Reps to propose and pass a Constitutional Amendment. But be aware, a super-majority will be required.

 

[easyt65]

is there something in the constitution that makes this known? No of course not. Republicans in office are simply conveniently embracing this idea to soften their stances post Roe being overturned. They are such cowards. They will say anything to help their chances in an election. How does anyone justify voting them? They don’t have any actual principles.

Hell, as much as I am pro-choice, I at least give credit to Graham and Pence for having a genuine principled stance on issue before an election. The rest of them though? Spineless, international embarrassments.

Does the Constitution specifically give national federal politicians authority to legislate abortions?

The federal govt's powers, responsibilities, and authority is spelled out in the Constitution. Anything not specified as part of the federal govt's responsibilities and authority falls to the state's.

Period, dot.

Why are you so afraid of seld-govwrnance and determined to surrender your own freedoms and ability to make your own decisions to totalitarian / authoritarian oppressors?

Are you REALLY that much of a SHEEP that you can't exist without someone else 'herding' you and telling you what to do and what not to do?

 

[AZrailwhale]

is there something in the constitution that makes this known? No of course not. Republicans in office are simply conveniently embracing this idea to soften their stances post Roe being overturned. They are such cowards. They will say anything to help their chances in an election. How does anyone justify voting them? They don’t have any actual principles.

Hell, as much as I am pro-choice, I at least give credit to Graham and Pence for having a genuine principled stance on issue before an election. The rest of them though? Spineless, international embarrassments.

Read the Tenth Amendment. It says that unless the Federal Government is SPECIFICALLY granted the power to do something by the Constitution, it can’t. Every power not granted to the Federal Government belongs to the states or the people. I’ve looked and abortion isn’t mentioned anywhere in the Constitution so any power to allow or deny it belongs to the states, counties or cities. Roe was always bad law with a very liberal SCOTUS making up a “right to privacy” out of thin air, then using that “right” to interfere with the states laws on abortion.

 

[AZrailwhale]

A right to privacy is though.

Where? I can’t find it.

 

[Darkwind]

I said it becomes a conflict of rights. Some argue there is nothing to protect while others believe there is.

And I said that there is an obligation of government to do the least harm to conflicting rights.

 

[Devils_Advocate]

is there something in the constitution that makes this known? No of course not. Republicans in office are simply conveniently embracing this idea to soften their stances post Roe being overturned. They are such cowards. They will say anything to help their chances in an election. How does anyone justify voting them? They don’t have any actual principles.

Hell, as much as I am pro-choice, I at least give credit to Graham and Pence for having a genuine principled stance on issue before an election. The rest of them though? Spineless, international embarrassments.

Name the amendment that grant a woman the right to a abortion?

Now this issue is a State to State issue and personally it should stay that way until some Amendment is passed.

Knowing the dumb ass GOP they will try to ban Abortion and Birth Control Nationally which will get them voted out but hey let them hang themselves…

 

[Death-Ninja]

You’d suddenly become pro choice if you got a fling or non serious girlfriend pregnant. We both know it’s true.

I married the girl I got pregnant, you merely project your very own immorality upon me, and it shattered into a billion shards upon impact! You are a baby killer, there is no such thing as pro-choice, pro-choice is the opaque morality of a weakling, a coward, and make no mistake killer you are a coward, look at how casually you embrace murdering a baby, you dare attempt to project your evil, your inability to control yourself and your penis upon me, you are a murderer, there is no such thing as pro-choice, you are either good with murdering babies, or you are not, we know exactly how your black heart beats!

 

[BS Filter]

is there something in the constitution that makes this known? No of course not. Republicans in office are simply conveniently embracing this idea to soften their stances post Roe being overturned. They are such cowards. They will say anything to help their chances in an election. How does anyone justify voting them? They don’t have any actual principles.

Hell, as much as I am pro-choice, I at least give credit to Graham and Pence for having a genuine principled stance on issue before an election. The rest of them though? Spineless, international embarrassments.

Abortion should be a state issue because it's not dealt with in the Constitution. That's how and why. Same with same-sex marriage. That will be returned to the states soon. Marriage laws have always been state issues.

 

[Billy000]

I married the girl I got pregnant, you merely project your very own immorality upon me, and it shattered into a billion shards upon impact! You are a baby killer, there is no such thing as pro-choice, pro-choice is the opaque morality of a weakling, a coward, and make no mistake killer you are a coward, look at how casually you embrace murdering a baby, you dare attempt to project your evil, your inability to control yourself and your penis upon me, you are a murderer, there is no such thing as pro-choice, you are either good with murdering babies, or you are not, we know exactly how your black heart beats!

Meh. That doesn’t somehow mean you were totally blindsided by it and didn’t want the kid. It would be a very different story if you didn’t want the kid. Maybe you get divorced eventually. Maybe you get a fling pregnant. There’s no doubt you wouldn’t stick to principles. Republicans are too immature, selfish, and dimwitted for that. They are stuck in the 8th grade.

 

[Rigby5]

Yes, the 10th Amendment.
Maybe you should read it.

Wrong.
The 10th amendment only limits the federal government, but does NOT at all give states any jurisdiction over personal rights.
And the 14th amendment strictly prohibits any state jurisdiction over personal rights.

 

[Rigby5]

If you re-elect them you are saying they do.

Wrong.
Someone elected only reflects over 50% of the current opinions of the voters, but that is not sufficient.
The majority has zero right or authority to abuse a single right of a single person.
This is NOT majority rule.
This a democratic republic, where the only source of legal authority is the defense of the inherent rights of individuals.
And when it comes to family rights, it is family who gets to decide, not government.

 

[Rigby5]

So you could also make the same point about any new drug before it is fully tested or assisted suicide or dozens of other things

Yes, government should butt out of all medical choices, like new drugs, assisted suicide, or just about anything.
It is inherently illegal for government to try to protect people from themselves.

 

[Rigby5]

Abortion should be a state issue because it's not dealt with in the Constitution. That's how and why. Same with same-sex marriage. That will be returned to the states soon. Marriage laws have always been state issues.

Wrong.
There are lots of personal issues that should not and can not be left to states.
The constitution does not deal with lots of individual rights, such as privacy, but that does not mean the federal government is not obligated to protect them under the 14th amendment.
Marriage is NOT at all a "state issue" and should be totally and completely up to individuals to decide on their own.

 

[Rigby5]

That's due to the 4th amendment, as courts have decided consistently that they count as a search. It's a specific interpretation of modern technological issues with the warrant requirements under the 4th.

that is a far shorter step than making up some right to privacy in general.

There has always been recognition of the individual right to privacy as one of the most significant, after life and livelihood.
What you seem to forget is that individual rights are infinite, so never can be listed, and the Constitution specifically never intended to list them.
Privacy is a well recognized individual right under Common Law, for centuries.

 

[BS Filter]

Wrong.
There are lots of personal issues that should not and can not be left to states.
The constitution does not deal with lots of individual rights, such as privacy, but that does not mean the federal government is not obligated to protect them under the 14th amendment.
Marriage is NOT at all a "state issue" and should be totally and completely up to individuals to decide on their own.

Wrong. Abortion is a state issue because the Supreme Court said so. Marriage laws are different from state to state. Same-sex marriage will be left to each state to determine. Deal with it.