Abortion

[Emsworth]

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But she may not, of course, have made that decision herself. (Forgive me, for I have not the energy to read the entire thread and determine if you have or have not addressed such an issue

[Emsworth]

Of course not... but let's say that she gave birth to that child... should she be allowed to kill it?

Once the child has undergone birth, it is a separate life, independent of the parent. Within the womb, I do not believe it to constitute a separate being. I am of the opinion that its right to remain within the mother is equivalent to the right of the appendix to do the same.

[Emsworth]

My views on abortion rights, gun control, gay rights and civil rights in general are very liberal however...

You would do well in the Progressive Party. Would you consider joining it?

[Emsworth]

My views on abortion rights, gun control, gay rights and civil rights in general are very liberal however...

You would do well in the Progressive Party. Would you consider joining it?

The progressive party?  Maybe when the democrats control congress and the religious right is out of the picture.

No, I mean the Fantasy Progressive Party.

[Emsworth]

The Constitution's clauses are meant to restrict the federal government, and in some cases the state government. Astounding as this may seem to some people, it does not restrict the actions of private individuals. Thus, the argument that the Constitution prohibits abortions is highly unsound.

Furthermore, the federal government has no authority to ban abortions. At the same time, I can't think of any satisfactory constitutional argument that prevents states from prohibiting abortions. The issue seems to hinge on whether the ninth amendment is incorporated (assuming that the ninth amendment protects the "right to privacy" in the first place, which is itself debatable). I fear that it is not.

[Emsworth]

The point to the ninth amendment is that just because the Bill of Rights doesn't ban the federal government from doing something, doesn't mean it can do it. This is similar to the tenth amendment, except that the ninth amendment is a rule of construction concerning the Bill of Rights, whereas the tenth is a rule of construction concerning the enumerated powers.

I absolutely agree with that assessment. I can see no reasonable interpretation of either amendment, except as a rule of construction. They are, in effect, implied; their absence from the Constitution would not result in any substantive difference.

[Emsworth]

The issue of abortion should be left to the purview of the states -it is not for the courts to decide, and never should have been. 

Precisely my view as well. There is no constitutional justification for Roe v. Wade.

However, I personally feel that a government should permit abortions throughout a pregnancy. Moral decisions should not be made by the state, but by individuals, when the rights of another person (which a fetus is not) are not involved.

[Emsworth]

And Emsworth, there is a perfectly good 'constitutional justification' for the courts to intervene - the right to privacy.

The "right to privacy" is a legal fiction and a manufacture of unsound reasoning during Earl Warren's tenure.

[Emsworth]

Amen that that Emsworth. Why don't you wear a yellow avatar though?

Good question. I've always felt that the Libertarian Party is a little too extreme. For example, their platform says that they "support the repeal of all taxation." Also, I don't particularly like their excessively non-interventionist approach to foreign policy.