V. “not in the Constitution.” The infamous Dred Scott, II decision – otherwise known as “Dobbs” – stressed abortion was not, could not , be protected because it “was not in the Constitution.”
Roberts “court” versus the Constitution, Amendment IX: “The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.”
“Not in the Constitution” is null and void by Amendment IX alone. Period. End of discussion.
Benjamin Rush [11/30/1787]: at Pennsylvania ratification convention: “Our rights are not yet all known, how then could they be properly enumerated?”
Abortion has much company not being in the U.S. Constitution.
– “God” is not in the Constitution. Therefore we must conclude “God” doesn’t exist.
– “Woman ” is not in the Constitution. Therefore, “women” don’t exist
– “Sex” is not in the Constitution. Therefore all you males [apparently alone on earth] can not, must not have sex.
– “Marriage” is not in the Constitution – therefore cannot exist.
– “Reproduction” is not in the Constitution. Therefore you males must not, can not reproduce yourselves.
“A 1956 statement by Southern members ofCongress who objected to “Brown”…made a similar point: “The original Constitution does not mention education.” [Adam Liptak, 8/2/22, New York Times: “The Abortion Decision, Haunted by Brown v. Board of Education”]. This may explain why there are so many ignorant males.
Also not in the Constitution: aspirin, anti-biotics, dentists, doctors, nurses, hospitals, crutches, eye glasses, surgery – which means YOU can not have use of them – because they can’t exist!!!!!!!!!!!!
“The Constitution makes reference to voting 15 times in the original document and another 22 in amendments. But “..none of those mentions makes an explicit declaration that Americans have a specific right to vote..The authors of the Constitution, many..deeply suspicious of universal suffrage..most of the founding fathers wanted to limit voting rights of property owners…James Madison warned that voting should be restricted to the wealthy.” [Michael Wines, 10/27/22, New York Tiles: “Does the Constitution Guarantee a Right to Vote? The Answer May Surprise You”]
Also not in the Constitution, therefore do not exist: cars, jet planes, indoor plumbing, modern heating/AC, radio, TV, internet, store-bought clothes, refrigerators, microwaves, modern stoves, electric lights & appliances – essentially YOU are not allow to enjoy 2lst century life as you know it…because: “It’s not in the Constitution.”!!!!!!!!!!!!!!!!
Also not in the Constitution, many terms and concepts of crucial importance to constitutional law: fair trial, executive agreement, beyond reasonable doubt, spending power, clear & present danger, cross-examination, “separation of church & state,” war powers, exigent circumstances, public purpose, “separate but equal.” presumption of innocence, equal justice, right to privacy, right to travel, right to silence… [Leonard Levy: “Original Intent and The Framer’s Constitution”]
Chief Justice John Marshall [Bank of the United States”]: “A Constitution, from its nature, deals in generals, not in detail. Its framers cannot perceive minute distinctions which arise in the progress of the nation, and therefore confine it to the establishment of broad and general principles.”
“Broad and general principles..” – NOT. word parsing and cherry-picking. NOT twisted falsehoods.
James Wilson, 1787 Philadelphia: “…we are providing a Constitution for future generations, not merely for the peculiar circumstance of the moment.”
Consider the following, from the writers of the Constitution:
– during the 1791 House bank debate: Representative John Vining [del] summarily dismissed “original intent” as the “opinion” of 1787, which he thought had BECOME OBSOLETE: “not sufficient authority..for Congress at the present time to construe the Constitution.”
– during the 1796 House treaty debate, Albert Gallatin [Pa]: the only opinions about the meanings of the text Gallatin endorsed were those of the ratifying conventions who favored ratification : because they alone, acting on behalf of the people, adopted the Constitution..”
– James Madison, 1824: “our Constitution is already undergoing interpretations unknown to its founders…Some of the terms of the Federal Constitution have already undergone perceptual deviations from their original import.”
Within 35 years of its adoption, the U.S. Constitution has ALREADY been changed by the PEOPLE WHO WROTE IT!!!!!!!
By things NOT in it. By interpretations different “from their original import.”
So – how much credence should YOU gave “justice” Alito’s claim “not in the Constitution” “discovery” 235 years later? 235 years after numerous other Supreme Courts had failed to see Alito’s “wisdom”?
It gets worse.
The infamous “Dobbs” decision opinion: “The inescapable conclusion is that a right to abortion is not deeply rooted in the Nation’s history and traditions. On the contrary, an unbroken tradition on prohibition of abortion on pain of punishment persisted from the earliest days of the common law until 1973.”
Below SOME of THE REAL HISTORICAL TRUTH. How embarrassing the “supreme court” doesn’t know:
World Book Encyclopedia: “Before the 1800s, there were few organized religious or legal obstacles to abortion prior to quickening..In the United States, abortion before quickening was not an offense under common law before the mid-1800s…Some courts, however, refused to impose penalties for early abortion even after the passage of these laws.”
Wikipedia: “Abortion has existed in North America since the European colonization of the Americas, was a fairly common practice, and was not always illegal or controversial.”
“By common law, abortion was legal, and only after quickening it was not allowed [14-26 weeks, between 4th and 6th month]. Its determination was usually at the discretion of the pregnant woman, but the rules were unsettled or unclear in written statutes.”
“When the U.S. became independent, must U.S. states continued to apply English common law to abortion.”
Legal scholar Sheldon Gaman: “The right to bodily integrity including abortion can be traced back to the Magna Carta, which was imported in the U.S. Constitution from English law.”
Connecticut was the first state to regulate abortion in 1821.”
“In 1859, abortion was not a crime in 21 of 33 states…this changed starting in the 1860s under influence of anti-imigrant, Catholic sentiment.”
By the 1930s, licensed doctors performed an estimated 800,000 abortions a year.
Decriminalization began in 1967; by 1973, abortion was legal in 20 states.
Roe “returned abortion to its liberalized pre-1820 status.”
C.A.P., abortion – “Scarlet Letters”. [R.Dine interview]:
“If a woman living in New England in the 17th and 18th centuries wanted an abortion, no legal, social, or religious force would have stopped her.”
“Anti-abortion organizations such as the National Right to Life spin a narrative in which legal abortion is a historical anomaly and an unnatural consequence of America’s loose moral standards…Their “abortion history timeline describes ‘a few rogue doctors and midwives’ performing abortions in early America, only as far back as the 1850s…In reality, trusted midwives and medical practioners performed abortions from the beginning of American colonial life and throughout world history.”
“When the Constitution was written, abortion was legal until quickening>”
“The Puritans brought their views on abortion from..England, where the procedure was legal until quickening.”
“..early American medical books even gave instructions for ‘suppressing the courses,’ on inducing abortion.”
Mid-19th century male doctors “began to belittle ‘irregular’ doctors such as homeopaths and midwives, in an attempt to assert the authority and legitimacy of male-dominated scientific medical ..”scientific” physicians attacked legal abortion but it was midwives and other ‘unscientific’ medical practioners who safely performed the procedure.”
“..since ancient timers, women have [used] a variety of contraceptive methods beyond abortion..”
The above is only a BEGINNING to the REFUTATION of the infamous “Dobbs” assertion that abortion is not “deeply rooted’ in American history and tradition. Abortion and contraception are deeply rooted in human history; in American colonization; in English law dating to the Magna Carta. was widely, legally, practiced, not even regulated until 1821; not a crime in w21 states in 1859.
Ask YOURSELF this: how can the U.S. “supreme court,” in 2022, not know the above encyclopedia FACTS?????????? With all their resources, how is this possible. YOU can go online – and look this up!!!!!!!!!
Unless they DIDN’T want to know? Unless they DIDN’T want. YOU to know?
Bottom line truth: opposition to abortion and contraception comes from fundamentalist religions, seeking to impose THEIR. religious beliefs on ALL Americans by “supreme court” fiat.
THIS is plainly unConstitutional by the language of the 1787 federal Constitution and Amendments, and – unknown to too many American – the 1776-1800 state constitutions which preceded it. There is also much 1770-1800 documented evidence from many people, including respected religious leaders – demanding “separation of church and state. A major, TOP FEAR of ordinary Americans in this era: being told what to do by a church they DIDN’T attend.
NOTHING is more unConstitutional, more unAmerican, in all recorded American history and tradition – than the imposition of religious beliefs on YOU by a church YOU don’t attend. To prevent this, the First Amendment was written. The Roberts “court’ has managed to twist this into what the Founders were absolutely against.
Would YOU buy a used car from any of the 6 current Republican “justices”?????? If even tempted – check first to see if it has 4 tires, then under the hood – does it have an engine? Do. they even own the car? How true is the reported mileage? How many accidents has it been in?i
With Justice For All 