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As Judge Brett Kavanaugh engages with the U.S. Senate during his confirmation hearing, the liberal left Democrat protesters are freaking out and throwing tantrums because they are convinced Kavanaugh wants to join the other conservative judges in a coordinated effort to take away the ability of women across America to continue to slaughter their babies while the child still resides in the womb.
As always, it's a bunch of craziness without any facts involved.
Yes, I am pro-life, and I would love to see Roe v. Wade overturned. However, contrary to what the leftists are saying, overturning Roe v. Wade would not suddenly make abortion illegal throughout the country. The responsibility regarding the issue would revert back to where it belongs in the first place, in the hands of the States. Each State would then determine for themselves what the laws regarding abortion should be in their State. I would hope that all 50 States outlawed the barbaric practice, but the likelihood of that happening is slim to none.
Kavanaugh has voiced that Roe v. Wade, from his judicial point of view, is precedent. Judges have this funny thing about precedent. They don't take overturning precedent lightly. Therefore, once again contrary to what the liberal left activists are screaming, there is no coordinated effort among conservative judges to go out of their way to overturn the Roe v. Wade decision. The judicial system doesn't work that way, anyhow. Judges can't arbitrarily decide they wish to revisit a case, and overturn it. In order for a case to be reconsidered, a different case based on a lawsuit brought up that may have connections to it must work it's way into the courts and up to the same court (or higher) that the case in question was originally ruled on by. If no lawsuit of that kind ever emerges, the case cannot be revisited.
That all said, I do believe Kavanaugh is a constitutional originalist. But, he is also a federal judge who has been educated and trained to abide by a system that does not necessarily operate in the manner originally intended. Therefore, while I like Kavanaugh, and the other conservative judges, the reality is, they are not perfect when it comes to constitutionalism because of the poison being taught in the legal system, and because the reality of it all is that the system we have is not the system we are supposed to have ... but they must operate in the world that is, not the world that should be. In short, even if they are a "constitutional purist" as I am, the rules of the system in place today will not always allow them to act in the manner they may believe they should be from an originalist point of view.
The Constitution was written in such a way that the federal government is not supposed to have any jurisdiction over local, internal issues, such as abortion. The federal government was created to handle external issues, or issues that directly affect the union of States. Internal issues that involve the affairs of the people and the internal order, improvement, and prosperity of the State do not belong to the federal government. The Framers of the U.S. Constitution believed in localism, where local issues should only be handled by the local systems because it was only the local governments that had direct relationships with the people.
We also are supposed to be operating under a concept called "Separation of Powers." That means that only the legislature (Congress) may legislate, only the executive (President) may execute the laws, and only the judicial branch may apply the law and render rulings to court cases. However, Roe v. Wade struck down a State law (a legislative action) and created law by using that case to legalize abortion throughout the U.S. (a legislative action). The courts do not have legislative powers, therefore, it is unconstitutional for them to legislate from the bench.
So, while I don't believe the fears the liberal left loonies have will come true if Kavanaugh takes his seat on the U.S. Supreme Court, as a constitutionalist, I would like to see Roe v. Wade struck down and for the senseless slaughter of over a million lives per year to come to an abrupt halt.
But, in our current system, as it currently operates, there is a procedure for that and I have no misguided expectations or fantastical illusions that just because Kavanaugh gets on the bench, suddenly the abortion lobby has something serious to worry about. Unfortunately, eliminating abortion in America will happen gradually, and will likely only happen if we experience in this country a new Great Awakening, where we turn to God as a people, and the reality of how horrid abortion truly is become self-evident to a mass majority of the American People who are then, once they realize it, are willing to do something about it.
-- Political Pistachio Conservative News and Commentary
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