The Constitution: America's Anchor
“In expounding the Constitution of the United States, every word must have its due force and appropriate meaning; for it is evident from the whole instrument that no word was unnecessarily used or needlessly added…Every word appears to have been weighed with utmost deliberation, and its force and effect to have been fully understood. No word in the instrument, therefore, can be rejected as superfluous or insignificant…” Chief Justice John Marshall (Father of Judicial Review), 1840, writing the majority opinion in Holmes v. Jennison (1840) on the absolute duty of Justices to interpret the US Constitution strictly.
“(The right to privacy derives from) Penumbras and emanations of the bill of rights” 1960’s era Supreme Court majority opinion establishing precedence for a “Constitutional” right to personal privacy.
“The Constitution does not explicitly mention any right of privacy, (but) in a line of decisions, however, going back as far as 1891 the Court (appears to have) recognized that a right of personal privacy…. does exist under the Constitution.” The majority opinion in Roe v. Wade (1973) creating a constitutionally protected “right” to an abortion.
In 1802, Chief Justice John Marshall famously held (Marbury v. Madison) that the Court’s duty was to interpret the Constitution. This duty was considered sacred, as Chief Justice Marshall also wrote: “(our founding fathers drafted the Constitution) to establish for their future government…principles…deemed fundamental…Supreme and permanent….(in writing too) not be mistaken, or forgotten… Forming the fundamental and paramount law of the nation.” Unfortunately, as early as 1947, Supreme Court Justice Hugo Black wrote of his fellow Justices’ “practice of substituting the Court’s concepts of decency and fundamental justice for the language of the Bill of Rights.” This was the same year in which the Supreme Court, for the first time in US history, used the non-constitutional term “Wall of separation between Church and State.” Interestingly, in 1947 Justice Black opined in a minority opinion: The Court is (Free of the) outworn 18th-century straight jacket (of strict interpretation)”.
Becoming virtually unchecked by late 1958, the court held (Cooper v. Aaron) that the Court’s interpretation, whether using strict standards or not, becomes the supreme law of the land. In 1962,
The Court used supreme “precedence” from the 1947 “Wall of separation” case to strike down school prayer. A year later Bible reading was driven from school. Outrageous decisions followed throughout the 1960’s leading up to the ridiculous Roe v. Wade “abortion right” decision in 1973.
The right to an abortion is, in no way, a part of the US Constitution. In Roe v. Wade, the Court had to use precedential terms like “penumbras and emanations” from the Bill of Rights. The majority was forced to look “under” the Constitution to justify this non-existent “right.” The travesty is in the fact that by 1973 the states were already deciding this political and social issue. The more Liberal states allowed abortion and the conservative states banned the procedure. A woman could obtain a legal abortion, and yet states and communities were not forced to allow what they considered murder. Under our Federal system, this is the manner that issues like abortion were intended to be handled. Constitutional “rights” can only derive from that given expressly by the Constitution. Otherwise, the people must form a super-majority to amend the Constitution. Constitutional protections are meant to be absolutely essential. The Constitutional “right” to abortion is not in that category. Since Roe v. Wade, over 40 million babies have been aborted in America. The upheaval and pain caused to America over the past 35 years are the worst since legalized slavery.
Though many Americans have come to see abortion as a “Constitutional” right (just as they believe “Wall of separation between Church and State” is Constitutional language), it is not. The Court was wrong to involve itself in this political issue. If the Court were to overturn Roe v. Wade, many states would keep it, and the states that don’t would end the practice by the will of the people. It is time for Americans to begin putting pressure on our government over this issue. Congress has rightful “checks” over the Court, but fails to use them. Congress can end Supreme Court appeals authority over certain issues. It can even dissolve lower Federal Courts. The problem is that most Americans have become sheep in the process. They continue electing a Congress without the backbone to help check the Courts when the Judiciary is overreaching. It is time Americans fight back and give our children the country our founders intended. The abortion issue is a great place to start.