campaign add on McCain's stance on abortion
I was talking to someone the other day who said Roe v Wade was at no risk of being overturned.
It is at no Risk. Absolutely 100% no risk of being overturned. Not now, not 10 years from now, not 100 years from now. It shocks me that so few people understand this countries legal system, or how it pertains to our government. But, if you like, I can explain why this is, so you never have to worry about it again. (Note: I say, “if you like” because this is extremely boring)
For starters, don’t worry about McCain. McCain is much more liberal on abortion than our current President - who just so happened to have a Republican Congress for 6 years - and what did he change? Even if McCain does become president, he will be incredibly marginalized by a divided country, and will have next to no influence. Little influence, plus a Democratic Congress, equals no big changes.
But what people need to realize is that abortion is not really a political issue. Politicians just use it as a farce to define their moral platform. No one politician is ever going to change the current abortion laws, in either direction, because they flat out cant. The second Roe Vs. Wade went to the Supreme Court, abortion ceased to be a political issue and is now, and forever will be, a legal issue pertaining to constitutionality.
The fact of the matter is that Roe vs. Wade has the same chance of being overturned* as Freedom of Speech or Religion.(*Overturned isnt really the right word.) Almost more so, because of the fact that abortion not only pertains to protecting civil liberties, but also because it directly deals with the health and well being of a citizen. Pregnancy is long, painful, and can be very dangerous for the woman. It is, by definition, unconstitutional for our government to tell a woman she must, or cant, carry a child. The foundation of our democracy is the fact that our government cant control our minds, thoughts, ideas, words, or bodies.
Now on to the boring stuff. A President, such as a McCain, technically has the least say on an issue such as abortion because of the way our governments “Checks and Balances” work.(Now things get complicated) A Supreme Court decision can only be “overturned” by Congress, via a proposed constitutional amendment. This would require a 2/3rds majority of Congress and ratification of 38 out of the 50 states. (This is the scenario Pro Lifers are referring to when they call for an “overturn” of Roe vs. Wade. But since our Congress cant agree on whether Global Warming is real or not, Ill go ahead and say, “Good Fucking Luck” to getting that to happen…Politicians don’t like controversial topics.) Obviously since the President doesn’t have the power to make such a proposal, or vote on it, he/she would be on the proverbial sideline for any such debate - especially since a constitutional amendment produces the same majority that bypasses any possible Presidential Veto.
I keep quoting “overturned” because it is the wrong word when dealing with an issue of civil liberties. The structure of our government is such that the people with the greatest expertise are the ones who make the decisions(At least that’s how it started). Thus Congress has a great deal of influence over Supreme Court decisions that deal with issues like anti-trust or federal statute. And rightly so. Congress are the law makers, and have the wealth of lobbyists and committees at their disposal. So it is logical for them to have the power to override or modify court decisions that pertain to this field. This is one of the most important interactions in our government because it allows Congress to continually play a role in the development of statutory matters.
However, once an issue of civil liberties is raised, the Congress immediately loses that power and influence. The Supreme Court are the stewards of the Constitution. Just as it makes sense for congress to know more about anti-trust than the courts, it is only logical for the highest, and most experienced court to have the final word on the legal ideologies of the Constitution. The Constitution is our grocery list of inalienable rights guaranteed to each and every citizen, and only the Supreme Court has the authority to interpret those rights and apply them to cases. (In other words, Congress technically does not even have the right to create a constitutional amendment banning abortion, because only the Supreme Court has the power to decide matters of constitutionality. Which they already did when they decided forcing a woman to bear a child was unconstitutional.)
The only way for Roe vs. Wade to actually be overturned in the literal sense would require a case being brought in front of the Courts challenging the precedent set forth by RvW. I made precedent bold because once a ruling on constitutional civil liberties becomes a precedent, it is basically set in stone, and that decision is used as a benchmark for other cases. The implications of a binding precedent such as RvW apply to so many millions of other cases and scenarios that the wheels of change are almost impossible to set in motion. If Roe vs. Wade were to be overturned, the court would be, in effect, acknowledging that our bodies are property of the state. People would be able to argue that tattoos, piercing, or wild hair cuts are illegal as well. The ramifications are unimaginable in scale. You would be insinuating that the highest and most prestigious compilation of legal minds in the world is a room full of nearsighted, fascist fools if you were to suggest anything within the realm of possibility of this decision being reexamined and overturned. The Supreme Court does not rule by morality, they rule by legality. (Except Scalia, he has gone off the deep end.)
I’m not saying there wont be legal or congressional battles about abortion in the future, there will be, but they wont be about outlawing anything. The only debates that will ever make the floor will have to do with gestation limits or extensions on when one can have an abortion. The term “unconstitutional”, which is what was applied to Roe vs. Wade, is the ultimate trump card that can be played in our country. American isn’t going to force its women to produce a, “Son for the Fatherland” any time soon.
This is an extremely watered down explanation, but what I’m trying to get at is, don’t worry. Abortion is basically in our countries Bill of Rights now.
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