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Politics : Liberalism: Do You Agree We've Had Enough of It?
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rayrohn
TideGlider
To: Kenneth E. Phillipps who wrote (211418)7/19/2018 1:23:01 PM
From: TimF2 Recommendations  Read Replies (1) of 224755
 
The constitution is completely silent on abortion. It doesn't even mention a broad right to privacy (and abortion is a very different topic then privacy despite their conflation in US court cases).

The closest there is to a right to privacy state in the constitution is the 4th amendment, which is about search and seizures. That isn't a general right to privacy.

If there was a general constitutional right to privacy, things like not having to report my income would fit under it much better than abortion does.

Since the federal government is supposed to be limited to the powers that were granted to it by the constitution (instead of having any power that the constitution doesn't forbid it to have), reasonably the silence on abortion would mean the the feds have no power in this area. There are "emanations and penumbras" of other aspects of the constitution far closer to what the constitution actually says than Roe vs Wade's decision was that would allow the feds to restrict abortion, but following that line of reasoning to an actual decision would be judicial activism (if not to the extent Roe was).

But the states are under the constitution less limited than the federal government is. They have to respect constitutional rights, and the areas the constitution gives to the federal government to decide, but otherwise they generally have power to enact laws covering all sorts of things. The constitutions silence on abortion thus gives them the power to regulate it.
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