Articles

Support H.R. 539, to Limit Federal Courts' Right to Rule on Abortion

Written by Warren Mass on April 01 2009.

Ron PaulIn the 1973 Roe v. Wade decision, the Supreme Court ruled that all state laws prohibiting abortion were unconstitutional. Ever since the Roe v. Wade (and the less publicized Doe v. Bolton) decision, the primary strategy among pro-life people has been to overturn Roe by electing so-called pro-life Republican presidents who will appoint strict constructionist justices to the Supreme Court. Theoretically, this strategy will eventually lead to the overturning of Roe v. Wade.

However, despite the best efforts of members of the pro-life movement, it is 35 years and an estimated 50,000,000 deaths in the womb later, and abortion — for any reason and at any stage of pregnancy, is legal in every state and territory in the United States. Federal courts have also rendered other decisions contrary to traditional family values, as well, including negating state laws mandating school prayer.

As to why the best-laid plans of armies of pro-life people have not ended abortion or returned prayer to our schools, a compelling explanation was made by Chuck Baldwin (a Christian pastor from Pensacola, Florida, and the 2008 presidential candidate of the Constitution Party) in an address before the National Committee of the Constitution Party on October 25, 2007 in Council Bluffs, Iowa. Dr. Baldwin asked: "So, please tell me why, after having control of both houses of Congress and the White House for six years, did these ‘pro-life’ Republicans in Congress and a ‘pro-life’ President not pass [U.S. Rep. Ron] Paul’s bill? Why? Because they really do not give a hoot about abortion, but only use pro-life rhetoric to dupe conservative voters.”

The legislation referred to by Dr. Baldwin was H.R. 300, which had been introduced in the 110th Congress as the “We the People Act,” to limit federal courts’ right to rule on matters related to religious liberty, sexual orientation, family relations, education, and abortion. This bill has been re-introduced in the 111th Congress as H.R. 539 by Rep. Ron Paul (R.-Texas) and initially cosponsored by Reps. Walter Jones (R.-N.C.) and Ted Poe (R.-Texas).

Article III, Sections 1-2 and Article I, Section 8 of the U.S. Constitution give to Congress the authority to rein in an abusive judiciary and remove abortion (or school prayer, or homosexual marriage, or fill in the blank) from the jurisdiction of the Supreme Court and all other federal courts. This means that should Congressman Paul's bill become law, state abortion laws would be removed from the apellate jurisdiction of the Supreme Court and all other federal courts, and Roe v. Wade would no longer be "the law of the land."

Passage of H. R. 539 would not only remove federal courts from life and family-related issues that should best be settled at the state level, it would also help restore the proper balance of power between the states and the federal government as envisioned in the Tenth Amendment and help prevent judicial travesties such as Roe v Wade from occurring in the first place. Through our previous well-intentioned, but misguided practice of transferring the authority to oversee equal protection of the laws from the states to the federal government, we have inadvertently also given the federal courts the converse power to abolish those rights! In this case, the most fundamental right of all — the right to life!

Click here to urge your representative to vote yes to Limit Federal Courts' Right to Rule on Abortion. Utilizing the powers found in Article III, Sections 1-2 and Article I, Section 8 of the U.S. Constitution is the most effective way to prevent federal judicial tampering with matters related to personal morality that are best left to the states.

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