It's not a Constitutional Amendment, and it's not waiting for another opening on the Supreme Court so that a strict-constructionist can get appointed to overturn Roe vs. Wade. Phyllis Schlafly wrote about it in her book "The Supremacists" and there is actually a bill in Congress that was introduced that utilizes her strategy.
What is it? Have Congress pass a law that takes away the ability of the federal courts to rule on state laws that protect life. HR300 is also called the "We the People Act":
We the People Act - Prohibits the Supreme Court and each federal court from adjudicating any claim or relying on judicial decisions involving: (1) state or local laws, regulations, or policies concerning the free exercise or establishment of religion; (2) the right of privacy, including issues of sexual practices, orientation, or reproduction; or (3) the right to marry without regard to sex or sexual orientation where based upon equal protection of the laws.Allows the Supreme Court and the federal courts to determine the constitutionality of federal statutes, administrative rules, or procedures in considering cases arising under the Constitution. Prohibits the Supreme Court and the federal courts from issuing any ruling that appropriates or expends money, imposes taxes, or otherwise interferes with the legislative functions or administrative discretion of the states.
Wow, take away subject matter jurisdiction and leave it to the states to decide. How come this has gotten no press at all? Probably because it would never pass in Congress. The reason why Congress would never pass legislation like this is because it would take away power at the federal level and return it to the states. Government has a hard time letting go once it gets a grip, whether it's our dollars or our civil liberties. Yuck.
1 comment:
The reason why Congress would never pass legislation like this is because it would take away power at the federal level and return it to the states.
In other words, it is legislation which makes Congress be obedient to the Constitution. What a concept. Here's a question. Why is it necessary? Shame on them, in the first place.
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