Posted by
KsReaganite on Sunday, November 18, 2007 5:12:41 PM
It is rare for me to find fault with a pro-life politician's zeal for protecting unborn children. After all, since my days in college, I have had a simple and straightforward position on the issue: all innocent life should be protected by law, as it has been at common law at least since the time of the Magna Carta, that great charter of life and liberty of the English speaking peoples. For if the law does not protect the most vulnerable and the most innocent of us, what kind of a people are we?
It is with some trepidition, thus, that I consider the remarks made by former governor Mike Huckabee this morning to be imprudent. Rightly he compared abortion to slavery, for both 'peculiar' institutions draw their legal basis not from the will of the American people but from the wilful deceit of unelected judges and the weak hearts of the New England elite who know evil but are too chicken to say anything except "well personally I am..but..". Where Gov. Huckabee overreached, however, is his assertion that states do not have the right to have their own policy with regards to abortion and that the federal constitution should reflect a blanket protection of the unborn. As much as I sympathize with the heartfelt feeling behind that position, I cannot let go the constitutional flaws in it.
The constitution reserves to the states two policy areas that affect abortion directly (and have been wrongly usurped by six unelected men in black robes in 1973): criminal prosecution of local actions and regulation of professions. If the people of California through their elected representatives decide, as is largely (if not exclusively) their prerogative, not to prosecute the murder of children and not to regulate the businesses that conduct such heinous activities, then there is little we can do. By the same token, if the people of Kansas through their elected representatives decide to protect all human life and severely regulate the likes of the businesses run by their own neighbor George Tiller, that is the right and prerogative of the people of that great state. Such is the essence of our federal representative democracy.
Yes, a federal Human Life Amendment will change the issue entirely and give the federal government a mandate to protect all innocent human life. But as Mike Huckabee and KsReaganite both know, the chances of that amendment passing muster in Congress, never mind the three fourths of the states, are less than zero percent. Rather, the very fight over that amendment will embolden the defenders of infanticide and empower further their allies in the mainstream media and, thus, set back the cause of life for years. I hate to be so clinical and almost cold about it....but that is how the atmosphere of the country is right now. And let's not forget that if life has to be defined in the constitution, liberal judges will find numerous other loopholes to force us to define every little thing to forestall their malice.
The solution, federalist and pro-life, then is to have a president who will appoint judges who will overturn the disgrace called Roe v. Wade, and return the issue to the people of the 50 states where it belongs while the federal government-meaning all three branches-gets out kit and kaboodle of the grisly business of abortion. And then the issue can be decided by the people of the several states through their elected representatives after rigorous, open, and informed debate, as is wont in a representative democratic dispensation.
Yes, someday abortion will go the way of slavery and America will live up to the pledge of its founding creed that 'all men are created equal and endowed by their Creator with certain unalienable rights', the first of which is life. It won't happen in Mike Huckabee's lifetime and perhaps not in mine. But happen it will. For as President Lincoln remarked so often, the inherent decency of the American people cannot be suppressed too long, even by their own individual self-interests. We have come a long way: a plurality of Americans are pro-life today (real pro-life not the "personally..but" type), the most pro-life segment of the population is young women of child bearing age, ninety percent of counties no longer have an abortion provider, and Planned Parenthood is terrified that more and more medical school graduates opt out of optional abortion training every school year (no self respecting physician wants to touch murder with a ten foot pole). Yet, we have a long way to go.
Let's not upset the applecart on that journey, Governor Huckabee. The words, the deeds, and the policy choices of the pro-life community have to be prudent, measured, and consistent with the principles of our federal republic. We must win by being more principled, more ethical, and more prudent than the other side. Actually, given the powerful nature of the opposition, that is the only way we can win.