CONSTITUTIONAL MINUTE #40

If the American people (and American lawyers) had been properly educated, they would know that “abortion” is not listed among the enumerated powers.

Therefore, it is a state matter, not federal.

And since “abortion” isn’t “expressly contained” in the Constitution, it doesn’t “arise under” the Constitution; and since state laws restricting abortion don’t fit within any of the other categories of cases the federal courts are authorized by Art. III, Sec.2, cl. 1 to hear, the federal courts also have no power over this issue.

Because regulating “abortion” is a power reserved by the states or the people, state legislatures can enact state statutes restricting (or not restricting) abortion.

When a lawsuit is filed in Federal District Court alleging that the state statute violates the US Constitution, the state attorney general should file a motion in the court to dismiss for lack of subject matter jurisdiction.

He should point out that the court has no constitutional authority to hear the case; that “abortion” is one of the many powers reserved by the states; and that the state legislature properly exercised its retained sovereign power when it enacted the statue restricting abortion.

The state attorney general should also advise the court that if the court denies the motion to dismiss, the state will not participate in the litigation and will not submit to any pretended orders or judgments issued by the court.

Now, here is an interesting fact which everyone would already know if they had had a proper education in civics:

Federal courts have no power to enforce their own judgments and orders. They must depend on the executive branch of the federal government to carry out their judgments and orders.

Please understand: An opinion or ruling from a federal court means nothing unless the executive branch chooses to enforce it.

I suggest, dear reader, that we must purge our thinking of the assumption that we can’t have a moral and constitutional government unless five judges on the United States Supreme Court say we can have it.

Since it is clear that federal courts have no constitutional authority over abortion, why do we go along with the pretense that they do?

Why not just man-up and tell them, “You have no jurisdiction over this issue?”

Our framers would be proud of you.