A popular mantra regarding abortion, especially among the Right and especially during election time, has been the call to overturn Roe v. Wade and let the “states decide” abortion. Many rightly claim that Roe v. Wade is “bad law” and “unconstitutional”, but why? Because it took rights away from the states, or because, solely by allowing abortion, it violates the Constitution’s protection of life in the womb? If Roe v. Wade were overturned, would it be right, or even Constitutionally accurate, for a state to make abortion legal?
According to Life News, Ambassador for Life Alan Keyes explained to World Net Daily how the United States Constitution protects the rights of the unborn:
“It is already clear in the Constitution that the ultimate aim of our government is to secure the blessings of liberty to ourselves and our posterity…Our posterity, including of course the elemental part of posterity that lies in the womb, is placed by the Constitution on an equal level with ourselves in terms of the claims to liberty.”
Granted, we are a Nation built upon self governance and the right of the will of the people to be heard and for many, this applies to the issue of abortion. But if what Alan Keyes says is true, it would appear that any measure on a state or federal level to legalize abortion would be unconstitutional and likewise unlawful.
Keyes supports a Human Life Amendment, but says such a thing is not really necessary:
“[T]the question is answered right there in the Constitution, and we simply need to respect that answer.”
I look at it this way. Our country was founded on the “self evident” truth that “all men are created equal” and everyone has a “right to Life”. Abortion denies this right to the weakest members of our society, violating the Constitution and the natural law and should not be allowed by any state.
See Keyes 2006 WND article, Equal rights for our posterity