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Pinkerton: The Supreme Court Confirmed That the Constitution's Solution for Abortion Is Federalism

Added 06-26-22 12:47:02am EST - “The Supreme Court's Dobbs decision is both smaller than it looks and bigger than it looks. But its underlying solution to the abortion debate is huge.” - Breitbart.com


Posted By TheNewsCommenter: From Breitbart.com: “Pinkerton: The Supreme Court Confirmed That the Constitution’s Solution for Abortion Is Federalism”. Below is an excerpt from the article.

The Supreme Court’s decision in the Dobbs case is both smaller and larger than it might first appear. 

It’s smaller in the sense that in and of itself the decision bans precisely zero abortions. To be sure, you might not know that to hear President Biden, who said on June 24:

Today, the Supreme Court of the United States expressly took away a constitutional right from the American people that it already recognized. They didn’t limit it. They simply took it away. That’s never been done . . . but they did it.

Yet despite all the hyperventilating from Democrats, the left-wing media, and outrage-mongers, Dobbs merely returns the question of abortion to the states, leaving it for them to decide. So when Rep. Maxine Waters (D-CA) said that Americans should “defy” the Dobbs ruling, Sen. Mike Lee (R-UT) responded coolly that there’s nothing to defy. That’s the genius of federalism, also known as states’ rights.

Federalism—the idea that states should have the sovereignty to decide most matters for themselves —is firmly embedded in our Constitution. Indeed, as was argued in the Federalist Papers, the 85 essays published in 1787-1788 aimed at rallying support for the ratification of the Constitution, the states in many ways are prior to the federal government. For instance, in Federalist 45, James Madison, principal author of the Constitution, wrote, “The State government will have the advantage of the Federal government.”  And why was this? For one thing, Madison argued that the states, being closer to home, are more likely to enjoy the “probable support of the people.” 


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