Sunday, February 03, 2008

Candidate leadership on abortion. Ha..

I have never heard this topic addressed this way.

Another presidential campaign, and more nonsense on abortion. A complete waste of everyone's time, ink, and questions. Abortion is NOT AN ISSUE for a presidential candidate, but all parties use it shamelessly to raise money. Perhaps because only ignorant people are susceptible to fighting over abortion. Wouldn't it be refreshing if a candidate- or ideally all of them- explained the following to EVERYBODY:

First, no matter how you feel about it, abortion is SETTLED. Follow along, this takes some thinking.

Since the right to abortion was created/discovered in the U. S. Constitution by the Supreme Court, only the Supreme court or constitutional amendment can delete it. THE PRESIDENT HAS NOTHING TO DO WITH THE AMENDMENT PROCESS AT ALL. He never touches it, he can't veto it, it doesn't matter what he thinks. If you want to amend the Constitution, the state representative from Chittlin' Switch, Kansas has more power than the President does.

"But wait, doesn't the President appoint Supreme Court Judges? His choices must be directed to preserving our rights/saving the unborn!!!! My check is on the way!!!!!"

They are called Justices, actually. And IT DOESN'T MATTER! Let me explain.

Which of these things is not like the other?

1. Moving from the state where you live to another state.

2. Not being a slave.

3. Getting a first trimester abortion.

Trick question, they are all the same thing!

The Supreme Court may not be right, but it's final. Roe v. Wade made abortion (as set forth therein) a Federal civil right. A first trimester abortion is the right of anyone under American jurisdiction, like moving from state to state or not being a slave. If the following upsets you or you want to think around the truth, mentally replace "abortion" with "move from Iowa to Indiana", because it's the same principle.

Courts can deal only with actual cases and controversies, not potential ones. Even if every Justice ached to kill Roe, there would have to be a case to do it with.

So here's what would have to happen. A state legislature would have to pass a law making abortion- giving, getting, or both- a crime.

Someone would have to give, get, or conspire to abort in such a way that the local police found out about it and obtained evidence.

Some local Police Chief or Sheriff would have to go along with arresting someone for abortion, something he or she has a constitutional right to do. (His departmental lawyer would have to advise him to ignore the law. Remember, it's a federal crime and a civil cause of action to use official authority to interfere with the exercise of civil rights.)

Some local prosecutor would have to present a case charging someone with abortion. Lawyers have these rules, and one of them prohibits presenting a case where the lawyer knows the law is against him. And lawyers like to keep their licenses. Plus it's the same crime and civil action for prosecutors to impede civil rights. Prosecutors like their houses and their non defendant status as much as police officers do.

A local judge would have to permit and conduct a trial on a charge of exercising a civil right to abortion. A jury would have to convict.

A state intermediate appeals court would have to allow the conviction for abortion to stand.

Then the state supreme court (or whatever they call it there- In N. Y. I think they call it Common Pleas and Traffic Court of Judicaturity. Or is that Massachusetts?) would have to deny the appeal.

A U. S. District Judge would have to rule on the Federal civil rights case.

The U. S. Circuit Court of Appeals would have to deny that appeal.

THEN the U. S. S. C. could make a new decision.

Count them- that is at LEAST one police chief and three lawyers who have to risk their careers, personal possessions, and jail time to go against all their training and responsibility and violate the law.

And a dozen or twenty Judges and Justices who would have to knowingly let a criminal conviction occur and proceed in clear violation of the law.

I work in the "Justice System", it won't happen. It hasn't even come close to happening in thirty five years.

So at least in the Presidential campaign, knock it off about abortion. Quit sending scare letters about how this or that candidate will cause back alley abortion deaths or will save babies. Because NO PRESIDENT CAN DO EITHER ONE.

And quit revealing your ignorance or dishonesty by asking the questions!

And for sure, stop making decisions based on this issue. It's like deciding based on how the candidate likes the Queen of England's hat choice on May 3, 1958.

1 comment:

Perplexio said...

Thank you!

It's funny my mother-in-law is pro-choice and complains about her pro-life counterparts who plan to vote for McCain because Obama is pro-choice. She mentions how it's foolish to vote for a president because of that issue. However, one of the reasons she cites for not liking Sarah Palin is because she's pro-life.

Even the conservative justices on the Supreme Court have said there would have to be a case before them that would be a legitimate challenge to the precedent set by Roe vs. Wade in order for them to even consider overturning it.