Abortion

Personally speaking, abortion is not an option under any option for my family. Keeping that in mind however, public policy, if there is to be one, needs to err on the side of life. However, not to the extreme that abortions will not be allowed by law. Just in a manner that will allow for as much personal freedom without creating a Spartan-like barbarous society.

To the point, the federal government has no business regulating abortion policy. If there is regulation, it is the state’s affair. The constitution does not allow for the federal government to venture into this practice. Without a constitutional admendment, which requires super majority of the states for ratification, the federal government would and did step out of its jurisdiction.

Roe v. Wade is unconstitutional for the aforementioned reason. Additionally, it is unconstitutional because the Supreme Court essentially created law with its ruling. This function is solely the business of the legislature. The Supreme Court is only suppose to state whether a law created is constitutional or not through  judicial review which began with John Marshall. Once a law is determined to be unconstitutional, it is up to the Congress to revamp the law into a constitutional law or drop the law altogether and leave it to the states to decide. This did not occur in 1973. The Supreme Court forced the Congress to create a law. Laws are suppose to be created by the people’s representatives. Not by appointed bureaucrats.

Again it is not the business of the Federal goverment regarding abortion. So, if there is to be a realstic governing of child abortion. Then AHS believes the following would be accepted by all of the states and is steeped in reality while preserving the life of the unborn.

• Abortion will be a matter solely left to the descretion of the woman and her doctor through the 12th week of pregnancy.
• After three months, only the life/health of the mother can be a reason to have abortion. There will be no partial birth abortion. If the child is born, it must be kept alive using all reasonable means.
• In some cases, if the father wishes to have the child and mother does not, a judge will have the ability to review the father’s ability to take care of the child on his own. If the father has the capability, then the woman will be instructed to follow through with the pregnancy and upon birth her parental rights will end and the father will have sole custody of the child.
• The fate of rape and incest pregnancies must be handled within the first three months.

These policies would be tolerable to most people.

However, abortion policies should be left to the people. So in the highly unlikely event that there is a state, after a popular vote,  that wishes to allow abortion at anytime or no abortion at all, then the federal or state judicial courts should allow this mandate to stand. Most states, if not all, will not adopt these extreme policies. If they do, the people have the right to crusade to reform the law or leave the state. This is liberty and freedom in its realistic absolutes.