Personal Security

A quick reading of the U. S. Constitution shows that it is all about individual rights. Therefore, I oppose all restrictions on abortion as unConstitutional in the absence of a Constitutional amendment. Absent an amendment, society has no business regulating abortion in any way.

Do you want an abortion at nine months for no reason? That’s your business. If society doesn’t like that it can pass a Constitutional amendment. Nothing else is Constitutional, because the Constitution specifically forbids the U. S. Government at every level from infringing upon personal rights.

Would I like to see some restrictions after viability? Maybe, but the Supreme Court saying something is Constitutional does not make it so. The Supreme Court exists not to regulate the Constitution but to reconcile and elucidate Constitutional laws. All rights are regulated — by the Constitution not the Court. When the Court says one may not shout “Fire!” in a crowded theater, that is not regulating the Constitution (or even regulating the right to speech) but outlining how the Constitution regulates rights.

In case I need to say it directly: the Supreme Court is subordinate to the Constitution.

In other words, all rights are regulated by the Constitution, and the Court may state how the Constitution regulates rights, but the Court may not infringe upon the Constitution itself. Restrictions after viability should come in a Constitutional amendment to be completely Constitutional, otherwise the Court would have to explain how its outlining of the rights in the Constitution does not violate the right to remain secure in one’s person.

The Constitution also reserves all powers not specifically granted to the Federal Government to the States, which can be and often is interpreted in bad faith to mean that the States have the right to regulate whatever they wish that is not mentioned in the Constitution. That is how villains interpret the Constitution, but that interpretation disregards the Constitution in favor of personal preference. The Constitution protects rights that exist across time, space, and particulars. It was designed to do so. This is not a “living breathing Constitution” but the application of eternal Constitutional rights and principles to a changing society.

The Supreme Court should have made clear that in Roe v. Wade it was not recognizing a right to an abortion or even a right to privacy but that the Government simply has never had (and never will have) the right to infringe upon anyone’s autonomy. “The right of the people to be secure in their persons” is specifically recognized, stated, and protected by the Fourth Amendment, end of story.