Congress could end abortion without overturning Roe vs.Wade simply by passing a law stating that life begins at conception. The authority to do this is contained within the decision itself.
Working from what the Supreme Court ruled in Roe, pro-life lawmakers can pass a Life at Conception Act and end abortion by using the Constitution instead of amending it.
A simple majority vote in both houses of Congress is all that is needed to pass a Life at Conception Act as opposed to the two-thirds required to add a Constitutional amendment.
When the Supreme Court handed down its now-infamous Roe v. Wade decision, it did so based on a new, previously undefined “right of privacy” which it “discovered” in so-called “emanations” of “penumbrae” of the Constitution.
Of course, as constitutional law it was a disaster. But never once did the Supreme Court declare abortion itself to be a Constitutional right.
Instead the Supreme Court said:
“We need not resolve the difficult question of when life begins . . . the judiciary at this point in the development of man’s knowledge, is not in a position to speculate as to the answer.”
Then the High Court made a key admission:
“If this suggestion of personhood is established, the appellant’s case [i.e. “Roe” who sought the abortion], of course, collapses, for the fetus’ right to life is then guaranteed specifically by the [14th] Amendment.”
That’s exactly what a Life at Conception Act would do.
When Barack Obama was president it would have done no good to pass such an act because it would almost certainly have been vetoed. Now we have a president who is pro life and would probably sign it. The passage of this act would be a pro life victory. Read the rest of this entry