Ramblings from Georgia

Roe vs. Wade

Posted by apacheangel on March 10, 2011

On January 22, 1973 the Supreme Court of the United States made a decision it never should have speculated. The majority opinion was that only an expert (doctor, scientist) could determine when life begins, and since no one on the court was an expert, they weren’t going to make a decision about it. However, they did make a decision about it. By saying they didn’t know, they said “let’s assume that life doesn’t start until after birth.” Now, of course they didn’t use those words, but by legalizing abortion in the U.S., that is what they said.

Now let’s examine the constitutionality of this decision. After all, the constitution is the law that governs our land and controls our government. The 10th Amendment of the Constitution says “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. All powers not granted to the federal government shall be retained by the states.”

If you will notice, there is only one federal crime: treason. Murder, theft, rape, child abuse, and anything else are criminal offenses in each individual state. Read the constitution, no outlawing of murder there. Does this mean the authors thought murder was acceptable? Of course not. They intended for the states to individually determine permissible actions and punishment for disobeying the laws. With this in mind, the state of Texas had the right to make abortion illegal within the state.

Since the State of Texas had the right to make laws, and it made the law stating that abortion was illegal, the Supreme Court had no business touching the case. They operated outside of their authority, outside of the law, and usurped the powers of the states. (It should be here noted, to eliminate the illogical comments that always arise in such a discussion, that the Texas law prohibiting abortion provided for the legality of an abortion in the instance of saving the life of the mother)

The 1973 Supreme Court didn’t just stop at breaking the law, they decided to operate outside of logic as well. The court said that they could not determine when human life starts. I have to wonder how stupid the members of the court were. Common sense tells us several things about an unborn child:

Firstly, that it is human. The argument has been made that it is not human yet. Like begets like. There is nothing else that it could be.

Secondly, it is alive. Our modern terminology almost completely eliminates any reference to life, death, or humanity. It is not a baby, it is a “fetus.” It is not “killing” we moved to “abortion.” To abort means to stop. What are we stopping? The pregnancy, you say? If the pregnancy were not “stopped” then what would happen? The “fetus” would grow to its most advanced stage and finally exit the womb. In cases of failed abortions in the later stages of pregnancy, the baby is born and left to die. If it must die, was it not then alive? Things that are not living do not die.

The case of Roe vs. Wade defied logic and the constitution. Unfortunately, the decision still stands and has yet to be successfully challenged. I hold out very little hope that this will change under the current administration, but it is our duty as Christians and as American citizens to pray for the leaders of our country, and we should pray that we may have the opportunity to save the millions of innocent lives that are ended every day.

The entire decision with its companion cases can be read here.

Justice Anthony Scalia’s dissent on Lawrence vs. Texas can be read here.


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