This is an update of a previous post on this subject. I consider it paramount as the key reason for the defeat of FOCA. Pro-lifers need to understand the real danger FOCA presents.States’ Rights is another way of explaining the principles of federalism, the term describing the political makeup of the United States, in which the nation is composed of sovereign states, themselves divided into smaller governing bodies such as counties, cities, and townships. Some have smaller units, sometimes called ‘authorities, i.e., highway authority, water district authorities, etc. Under the system of federalism, each state and locality makes the laws to govern each political area without a central authority forcing those decisions down the throats of the rest of the governmental entities.
Socialist government programs weaken or water down the principles of federalism. Moving further to socialism will eventually replace states’ rights with a powerful central government making all the rules and forcing each local citizen, no matter where he lives, into obeying that government, as it moves toward dictatorial rule and eventually shutting out dissent and freedom of speech. The press, which supported Obama, will soon find out that it too will be squelched.
Most Americans are not familiar with FOCA, the Freedom of Choice Act. Yet, many of them voted for the man who has promised Planned Parenthood he would sign the act if passed by congress. What will enacting FOCA do? It will further bring abut the destruction of federalism begun by the Roe v Wade decision.
The Freedom of Choice Act would take away all state regulations on abortion. With state regulations gone, this would mean that a minor girl of any age could get an abortion without parental consent or knowledge. My dentist’s office won’t even clean the teeth of anyone under the age of 18 without a parent or guardian present. Schools can not give aspirins to students without parental approval. If FOCA is enacted into federal law, states would be forced to see all laws limiting abortions abolished. This will be followed by all laws dealing with gay rights, health regulations, social interactions, speech, gun laws, etc. put aside and placed under federal control, and as a result, the eventual abolition of the Bill of Rights.
The Concept of Federalism was established by the states when they established the federal government. Yes, the states established the federal government, not vice versa. They reminded the federal government of that in the Tenth Amendment to the U.S. Constitution.
10th Amendment: "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."
The real danger of the 1973 Roe V Wade decision by the supreme court, was to steal from the states the right of each to decide whether abortion is to be permitted or not permitted by law. The decision was clearly unconstitutional as it trampled heavily on states’ rights. Under the U.S. Constitution, each state has the sovereign right to make its all laws dealing with murder, rape, driving regulations, licensing, etc. According to the Tenth Amendment, the Supreme Court decision on Roe v Wade was clearly unconstitutional. This decision took away the rights of the states to determine their own laws.
To return us to the intended purpose of Federalism would be to overturn Roe v Wade and return laws regarding abortion to the states. This is the real issue, not whether abortion is legal or not. Then, pro-life supporters of each state could work on abolishing on-demand abortion, which is really the purpose of so-called pro-choice supporters, a bizarre and macabre form of birth control—birth control by killing the results of illicit and perverted sexual activities.
