Would we have to amend the constitution to let the federal government make abortion laws?

Would we have to amend the constitution to let the federal government make abortion laws?

Would we have to amend the constitution to let the federal government make abortion laws?

slkusractMutt

They already have passed some laws about abortion. Look up the Partial-Birth Abortion Ban Act of 2003. The Supreme Court has even ruled this to be constitutional. So no, we don't need an amendment to do so. But if the laws are too restrictive, the Supreme Court will rule them unconstitutional (assuming someone challenges it, which you know is very likely). If they want to pass an all out ban, then they would either have to have a constitutional amendment passed and ratified that banns it, or have a Supreme Court ruling the overturns Roe v Wade.

slkusractgomanyes

It would depend on how the supreme court interpreted the commerce clause. They upheld federal marijuana laws, so on the same token, they would probably uphold federal abortion laws without an amendment.

slkusractKim

The Constitution neither specifically empowers nor prohibits Congress from legislating on the subject. Historically, Congress has legislated on whatever the hell it wants as long as it's not specifically prohibited. So no, there would no amendment necessary.

slkusractPoBoy

From my perspective the IXth says it all: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. I assert my right to decide for myself, along with my wife, if we are financially or psychologically ready to have more children. That right, along with the IVth, on secure persons, and the XIVth on due process means I get to choose for me. Not the Feds, the States, clergy or random conservative churches. Just me & my wife.

slkusractkdpofkspdok

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