Ibanez wrote:So are you saying every amendment after 10 should be repealed and the decision left up to the states?BDKJMU wrote: Until we had a constitutional amendment outlawing it.
You want abortion to be constitutional? Have a constitutional amendment stating so. Otherwise, as the 10th Amendment states:
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people>"
Sometimes, the states don't make the right decision and need a central government to step in when the public health and safety is at risk.

If its not a power granted to the fed govt under the Constitution, then it should be left up to the states (and abortion isn't even hinted at). If you want the Fed to decide on the legality of abortion, then have a 28th Constitutional Amendment stating that abortion is legal throughout the entire United States, or that abortion is illegal throughout the entire United States, or somewhere in between. Absent that, based on the 10th Amendment, there is no reason the fed govt should be ruling one way or the other. Let the states decide.
Yes, sometimes, the states don't make the right decision. And oftentimes the fed govt doesn't make the right decision.