Quote: @A1Janitor said:
Immigration is a state's right issue, but abortion isn't?
Great point.
I submit, we go down that constitutional path.
There is (SCOTUS) judicial precedent that the federal govt. has plenary power re: immigration. (
US vs Arizona).
However, Roe v Wade (SCOTUS - 'law of the land') never mentioned federalism (state's rights). But... it's implicit.
"While it's unlikely that the Founding Fathers anticipated the abortion debate, they did give us a framework around which to govern on issues just like it — highly emotional, high-stakes issues that go to the core of one's personal values and beliefs. They rightly recognized that the federal government is far too unwieldy and clumsy to deal with such delicate matters. These issues are best legislated by the states — or, better, by cities or counties. We can then choose to live under laws that most reflect our values. We vote with our feet.Line-drawing is a police power. And the Constitution's framers correctly concluded that police powers ought to be reserved for the states, not the federal government (note: several more recent Supreme Court justices seem, sadly, to disagree). The best solution to the abortion debate, then, isn't Roe, which even many abortion-rights advocates will concede is bad law. But it isn't a pro-life amendment or a federal ban on abortion, either.
The best solution is robust federalism. Forgo Roe, and let each state set its own policies on abortion. Those for whom abortion is an important fundamental right can live in areas where abortions are widely available. Those adamantly opposed to any and all abortions can live in jurisdictions that ban the procedure. People like me could live in communities where our tax dollars won't be funding abortions." (
link)There is 'plenary' power reserved to the federal government in the Constitution re: immigration. (
article 1, section 8, clause 4)
No such Constitutional power is reserved to the federal government (or Judiciary) reserved on the issue of abortion.
Dems really don't wanna go down this road, on immigration. They'll fold like a cheap tent, once the issue is appealed out of California Circus Courts, and they realize the ramifications.