Your post is truly the most completely, thoroughly, hilariously false collection of sentences I have ever seen on Free Republic not actually made by a Democrat.
Congratulations! That is quite an accomplishment.
Abortion was legal in New York in 1970 and ten other States before that. It was illegal in Pennsylvania. It had been legal and illegal in various States before a widespread movement to ban abortion in the early 20th century. In all cases where abortion was banned, it was banned entirely on a State-by-State basis. There was NEVER a Federal ban on abortion, because prior to Roe abortion was NOT seen as an area of Federal competence.
As a matter of fact, it still is NOT. Roe actually says that neither the Federal Government nor the States may regulate first trimester abortions AT ALL, because this is a right retained by The People. (Amendment IX.) Roe was not "passed." It is not a law. It is a Supreme Court decision.
The concept of Incorporation at issue here is the question of whether an aspect of the Bill of Rights applies against the States. Contrary to common (completely incorrect) opinion, not all aspects of the Bill of Rights apply outside of Federal jurisdiction. The Supreme Court has decided in a period extending back to the early twentieth century exactly what aspects of the Constitution not previously explicitly applied to the States have become incorporated into the 14th Amendment's protections. SCOTUS did not decide that the 2nd Amendment was Incorporated until last year, for example.
Your notion of "incorporating" law is completely irrelevant to this discussion. I haven't the faintest clue what you even think it means. In any case, Incorporation is a Federal criterion for applying case precedent. It is not a "law" any more than Row is.
What is clear is that you have no understanding of either what is in Amendment XIV or the Bill of Rights, nor what rights are retained by the States or the People. Roe v. Wade did not come into existence in a vacuum: it is an expansion of an earlier case law result made in Griswold vs. Connecticut. In Griswold, the Court ruled that States could not regulate contraception because of a right to privacy. The decision is an even bigger mess than Roe. In Griswold the Court declared a "Right to Privacy." Some of the concurring justices made Incorporation arguments, some made arguments based directly on Amendment IX, and one justice invoked the Due Process clause of Amendment XIV directly WITHOUT invoking Incorporation.
And please note, that prior to Griswold, each State had its own laws governing contraception.
As for your entirely silly claims that States have no authority to determine when life begins and ends, please have a look here: Uniform Determination of Death Act. This act is a recommendation from the AMA and other organizations. It has not been adopted in all States, which have all retained -- without any Federal challenge, EVER -- the right to say when life ends.
(Or Google legal determination of death, where you will find several thousand places where you will discover that States do indeed have this authority, and the Federal Government DOES NOT.)
Please educate yourself before you make such an idiotic post ever again. Your statements are an embarrassment to conservatism in general, and Free Republic in particular.
“Your post is truly the most completely, thoroughly, hilariously false collection of sentences I have ever seen on Free Republic not actually made by a Democrat.”
Then you should have no problem ripping it apart.
“Abortion was legal in New York in 1970 and ten other States before that.”
And in 1950? Much like we are seeing with Marriage, liberals are doing the same thing now they did then. Marriage is federal jurisdiction, and yet we see that gay marriage has passed in New York.
Abortion was uniformly banned throughout the United States until the latter half of the 20th century.
“It had been legal and illegal in various States before a widespread movement to ban abortion in the early 20th century.”
Not so.
“There was NEVER a Federal ban on abortion, because prior to Roe abortion was NOT seen as an area of Federal competence.”
Again, not so.
“As a matter of fact, it still is NOT. Roe actually says that neither the Federal Government nor the States may regulate first trimester abortions AT ALL, because this is a right retained by The People.”
Which I believe is what I said that Roe established abortion as a constitutional right. Combined with Doe, effectively all abortions are permitted at any time. This is why fr’nstance late term abortions are legal and the trimester framework of Roe is a joke.
“The concept of Incorporation at issue here is the question of whether an aspect of the Bill of Rights applies against the States.”
“As for your entirely silly claims that States have no authority to determine when life begins and ends, please have a look here: Uniform Determination of Death Act. This act is a recommendation from the AMA and other organizations.”
Uh, that’s not helping your argument. 14th explicitly says that the states can’t strip someone of their rights.