By: John Semmens
President Biden predicted that “overturning Roe v. Wade will lead to a cascade of other brutalities inflicted on this country by an out-of-control Supreme Court. Why wouldn’t they follow up the cruelty of allowing states to enact laws limiting a mother’s right to kill her own baby with a similar atrocity like allowing states to ban gay marriage?”
“Look, here’s the deal,” Biden said. “The logic behind overturning Roe v. Wade is that the 1973 Court lacked the authority to proclaim a nationwide right to abortion. There’s nothing in the Constitution authorizing the Court to do that. Likewise, there’s nothing in the Constitution authorizing the Court to proclaim a nationwide law regarding gay marriages either. All the authority regarding matters not explicitly delegated to the federal government in the Constitution are reserved to the states by the Tenth Amendment. There’s a mountain of federal statutes and executive branch actions that have no explicit authorization in the Constitution. What’s to stop the Court from sending all these issues back to the states?”
The President worried that “a strict adherence to the Constitution would severely limit the federal government’s power. For this nation’s first 150 years we had a ‘can’t do’ federal government. FDR changed all that and transformed us into a ‘can do’ outfit. Outdated limitations were jettisoned. The people loved him and his methods. Since those days benevolent presidents were free to help people without regard to whether there was any specific authority for their actions. Chaining our benevolent leaders to only those powers granted in the Constitution would exchange the very concrete benefits of a generous government for the perils of abstract individualism and personal responsibility. I don’t think the voters want that and will show it by punishing the Republicans in the November elections.