But the fedguv can? Didn't Roe v Wade over-ride state's rights to ban abortion except in some instances? Seems to me that the states were handling it much better than the fedguv is. Doesn't abortion on demand, a decision of the USSC, offer far less protection to life than what the states offered?
Maybe I'm mis-understanding you. I still think Roe was a case where the fedguv over-stepped its enumerated powers.
Yes, but in order to do so, the Federal gov't had to defend abortion by stating that was being aborted was not a person.
Had the Court decided that a fetus was a human being abortion would have to be outlawed in every state, (with the possible exceptions of the mothers life being in danger)
Now, the point is that the Federal gov't acts as a balance to the states, to insure that a local tyranny doesn't develop.
The People through the states keep an eye on the Federal gov't to make sure it is not becoming tryannical.
Federalism is about checks and balances, where different levels of gov't are in place to keep an eye on the other.
By the way, this is why a Constitutinal amendment is going to be needed to define marriage.
Here the Federal gov't will put a check on the states abusing (through their courts) the definition of marriage.