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To: Skywalk
. . . we should NOT start talking about our rights as limited to what the Constitution specifically states.

Quite true, but IMO irrelevant.

The first problem is that there was no groundswell of opinion from the people nor the states to make abortion a right. If there was, a constitutional amendment was the way to go. Secondly, and it has been a number of years since I read Roe v. Wade, the written decision is horribly contorted and impossible to follow.

Make no mistake, Roe v. Wade was judge made law unsupported by the people.

10 posted on 11/16/2005 3:53:25 AM PST by Jacquerie (Democrats soil institutions)
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To: Jacquerie

The problem with judge made law is that it never has a chance to gain the support of the people. If abortion policy were decided through the state legislatures, there would be an energetic debate to decide that policy. Legislators would have to advocate one position or another and would risk losing their seats if they could not convince enough voters to support their position. Through this process, a public consensus could emerge.

Instead, the law is imposed upon us and there is not chance to hammer out the details. As a result, the electorate is divided into warring factions, with no consensus-building mechanism to bring them together. It will remain so until power is handed back to the people.


11 posted on 11/16/2005 5:38:53 AM PST by gridlock (ELIMINATE PERVERSE INCENTIVES)
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