As we watch the confirmation hearings of Judge Samuel Alito, Jr. for appointment to be an Associate Justice of the Supreme Court, the subject of abortion, specifically Roe vs. Wade seems to have taken prominence. Listening to Judge Alito on television, Ive decided that he will not necessarily support Roe vs. Wade if he is (and he surely will be) confirmed. On the sad withdrawal of the Presidents close friend and legal counsel, Harriet Miers (after her rude and disgusting treatment by congress) it was natural for the President to nominate a candidate that the Republican Party might show simple respect. Harriet Miers nomination was too big a surprise to the Congress. She was not on the list of the thirty or so possible nominees. Congress wanted one of their own good ol boys or good ol girls. I think an apology should be put in the Congressional Record. The Hearings Judge Alitos biography can be found at http://www.whitehouse.gov/infocus/judicialnominees/alito.html. He graduated from Yale (surprise, surprise) and was appointed by the Presidents Father to the Third District. During the Judge Alito hearings, members of Congress have stated that Americans have various opinions on civil rights, abortion, role of government, etc. This means that every appointee to the Supreme Court will not agree on decisions made by the Court. However, decisions must be made according to law (the Constitution) and not on personal opinion alone. Abortion The Constitution does not mention abortion. If the Founding Fathers could have predicted today, perhaps the Bill of Rights would read like this: Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. The freedom of speech relates to political freedom and does not apply to profane, crude, and pornographic behavior (produced by audio or visual means). Amendment II A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. The militia shall not be used in national situations except for short periods during grave emergency conditions Amendment III No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. There shall be no snooping by electronic or other means without except under the conditions above. Amendment V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Amendment VI In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. On arrest, a person must be informed of the right to remain silent and the right to have an attorney present, court appointed or otherwise, during questioning. Amendment VII In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Amendment IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Amendment X The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. Abortion issues are not part of the Constitution and therefore are reserved to the states. How would you amend the Bill of Rights? Im sure my son who is an attorney would do a much better job, but you get the idea, dont you? Religious Factors on Abortion Many believe from religious teaching that the body is the temple of God. See: http://www.unification.net/ws/theme020.htm. One particular scripture that could be applied to abortion is that given in First Corinthians Chapter 3: 16 Know ye not that ye are the temple of God, and that the Spirit of God dwelleth in you? 17 If any man defile the temple of God, him shall God destroy; for the temple of God is holy, which temple ye are. This scripture has been applied to smoking and other unhealthy practices that kill the body. In relation to abortion, how does this scripture apply? Does rape defile a human body (temple)? Does incest defile a human body (temple)? Does resisted seduction outside of marriage defile a human body (temple)? Is the Day After Pill a suitable response for the unmarried if any possible pregnancy is not wanted? It seems to me that if womans body has been defiled by a rapist, seducer, family member, etc., it should be purified, removing as far as possible all traces of the encounter if that is the desire (usually with guidance) of the person defiled. One member of Congress said that he performed abortions to save the mothers life. That is accepted by some but not all antiabortionist. Supreme Court Is the pregnancy of a person in Madrid, Iowa really the concern of the Supreme Court? Abortion is not part of the Constitution and is therefore part of state jurisdiction. If this is not true, then the Constitution should be amended. The Constitution is a living document. When it is not modified to cover our modern world, the courts are just playing guessing games. Most Americans dont want the Constitution modified in the least degree. Why should they with the performance of Congress (which many consider to be a group of self-centered egotist that could care less about the American people). I think that over the long run Congress does what most Americans want. When they screw up, the uproar drives them to fix things. ATTENTION CONGRESS: Right now, the Medicare Rx plan needs fixing. At times the uproar is from a very small minority outside the mainstream of American thought. Sometimes Congress and the courts must listen to Joe Smoke instead of the voice of the American People to preserve Joes constitutional rights. That doesnt mean that some things dont need to be changed by amendment to the Constitution. |
