To add to the conversation from my last post, I mentioned that my buddy Dwayne had problems with States Rights because of racism. Dwayne mentioned that there were a few individual states calling to keep people segregated. For an example we had the infamous Jim Crow Laws where blacks and whites, were not allowed to marry or drink at the same fountains, sit at the front of a bus or move or get off the bus if there was no room for whites, etc. Thus, there are some problems with States Rights or so many on the left think.
Such laws are not only foreign to our way of thinking and behaving (legally) today, but the question needs to be asked how we got from there to where we are now. Why is the state (on the federal level) allowed to say, no to slavery but not to abortion? The answer to that is in the founding document, “The Declaration of Independence.” In there it says:
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”
The basis of the US Constitution is found in this document and this portion of that document. It is one of the reasons, that some on the right say leaving abortion to the states is a half-way measure. It doesn’t fulfill that portion of the document. Why, if the unborn are full persons, don’t they have these inalienable equal rights?
The problem of saying that blacks were not created equal (as other human beings, namely white) was based on the arbitrariness of skin colour. So that had to change and eventually did via the US Civil War. Again, to say that blacks are not human and to keep them enslaved via state rights is so unpopular today to be as unthinkable as making state laws against people driving cars or telling people what toppings they can put on their pizza for dinner tonight. (In a sense we DO tell people what to put and not put on their pizza’s, like, for example, bleach, but we don’t make laws covering every contingency. Even bleach is covered under personal harm to another or murder laws).
In relation to abortion, both concern humanization and dehumanization and how it intertwines with state and federal law. In some philosophical/metaphysical respects, they overlap, (personhood/humanness) in others they don’t.
In the case of abortion, the thing in question is (going back to what was asked above in the second paragraph):
- Is the state, in this case the federal government, allowed to make a sweeping law for dehumanization and thus death? Or should that be left to the individual states?
In the case of slavery and blacks, the thing in question is:
- Is the state, in this case the federal government, allowed to make a sweeping law declaring dehumanization on all blacks so as to enslave them or should/can that be left to the individual states?
This is essentially what my buddy Dwayne was asking. Why is it left to individual states to declare who is a person in one case but not in the other? The answer goes back to the Declaration of Independence where all men are created equal. In the case of slavery and blacks, they are humans persons created equally as other human persons.
In the case of abortion, the question would, it seems, hinge on whether the Founders INTENDED the unborn to be INCLUDED in the statement of them being created equal (as the already living) and having inalienable rights (as the already living).
If one wants to argue that the “spirit” of the Declaration of Independence should include the unborn, and thus be reflected in a sweeping law in which all states CANNOT have abortions, then all I can say is, GOOD. LUCK. WITH. THAT! Hence, the reason that abortion is and should be left to the individual states and not the question of blacks and slavery. If one really sought to make the unborn as a part of the spirit of the Declaration of Independence then the next level battle would have to be Amendments to the US Constitution of which I really don’t see that happening. Most of the population today would not allow for a federal law or state law declaring other already living human beings non-persons based on the Declaration of Independence, the 14th Amendment and a Civil War. It would be hard to make that shift with regard to abortion through the process of amendments to the US Constitution and I doubt pro-lifers are going to start a war over it. Thus, the question should be left up to the individual states.