20 May '22 19:59>2 edits
@techsouth
Of course, both those statements logically can be true.
The first statement refers to rights (which are reserved for persons under the philosophy of the founders/framers); the second refers to powers that may or may not be retained by the states.
The 9th Amendment makes clear that rights need not be enumerated in the Constitution in order to be protected.
The 10th Amendment states that: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
The 14th Amendment states, in part, that: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
So the grounds for Constitutional debate seem to hinge on natural rights that inhere to “persons.” A state law that assigns personhood to any human fertilized ovum (as Oklahoma seems poised to do*), such that the rights of that “person” can be asserted against the rights of the mother, seems daft to me. As I understand the Alito draft, it affirms the power of individual states to do just that.
In sum, if the first statement you proffered is true (which I think it is) – and is a natural right (which I also think) – the question becomes whether or not (and at what point) states properly have the power (under Constitutional rubric) to deny, deprive or disparage such right.
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* “The bill makes exceptions for abortion if it is “necessary to save the life of a pregnant woman in a medical emergency” or if the pregnancy is the result of rape, sexual assault or incest that has been reported to law enforcement.” https://www.washingtonpost.com/politics/2022/05/19/oklahoma-abortion-ban-fertilization/
Of course, both those statements logically can be true.
The first statement refers to rights (which are reserved for persons under the philosophy of the founders/framers); the second refers to powers that may or may not be retained by the states.
The 9th Amendment makes clear that rights need not be enumerated in the Constitution in order to be protected.
The 10th Amendment states that: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
The 14th Amendment states, in part, that: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
So the grounds for Constitutional debate seem to hinge on natural rights that inhere to “persons.” A state law that assigns personhood to any human fertilized ovum (as Oklahoma seems poised to do*), such that the rights of that “person” can be asserted against the rights of the mother, seems daft to me. As I understand the Alito draft, it affirms the power of individual states to do just that.
In sum, if the first statement you proffered is true (which I think it is) – and is a natural right (which I also think) – the question becomes whether or not (and at what point) states properly have the power (under Constitutional rubric) to deny, deprive or disparage such right.
_________________________________
* “The bill makes exceptions for abortion if it is “necessary to save the life of a pregnant woman in a medical emergency” or if the pregnancy is the result of rape, sexual assault or incest that has been reported to law enforcement.” https://www.washingtonpost.com/politics/2022/05/19/oklahoma-abortion-ban-fertilization/