It’s about time we Americans remembered we are supposed to govern our own lives
While feminists and left-wing activists nationwide decry the leaked Roe v. Wade Supreme Court decision draft as an attack on women’s rights, the real issue is not about women or even about abortion. What happens next with Roe v. Wade could help steer the US back toward what the founding fathers intended – a Court that keeps majoritarianism in check as it upholds the Constitution.
In order to understand America as a Constitutional Republic, and not a Democracy, we must first grasp Roe V. Wade. In a democracy, the minority of a population are always subject to majority rule – no matter how morally bankrupt that majority may be or may become. The founders feared that very scenario, and thanks to the wisdom and foresight of men like James Madison, our system of government doesn’t function that way. We have instead a republican system that balances the power of both the majority and the minorities. This essential feature of government has become less important over time and even ignored entirely, such as in the Roe v. Wade case. The 1973 Supreme Court decision would have meant that abortion laws could not be changed if the courts had acted in accordance with the Constitution. For a small group of judges to make Roe’s case the law of the land, was, in fact, anti-Constitutional.
The Supreme Court reversed this wrong decision, nearly fifty years after it was made. There will undoubtedly be more civil unrest as a result of correcting such an injustice. America is already divided. This has made it more difficult for state legislators and governors to exercise their constitutional rights. It will help decentralize federal power that were never needed, and I believe it is the right thing for the long-term. What’s unfortunate is that it has to happen over a hot-button cultural issue. It’s a real problem.
Depending on which side of the abortion debate you’re on, you might be happy or angered by California Governor Newsom’s emotional vow to make his state more abortion-friendly than ever before. Contrarily, conservative states that favor abortion will probably restrict or ban them completely. These scenarios, however, are precisely how the system was intended to function. The US is large, religiously diverse, and therefore includes a variety of personal beliefs. Therefore, it’s best to decide inflammatory topics such as abortion at the state level. This is what James Madison wrote in Federalist 10.
“The influence of factious leaders may kindle a flame within their particular States, but will be unable to spread a general conflagration through the other States. The Confederacy may allow a religious faction to become a political party in one part, but it is impossible for the Confederacy to contain all the sects that cover the whole of its territory.
Thus, we have state laws and federal laws, but the ideal vision for America is for state law to govern citizen’s lives in most circumstances, not federal law.”
One of the great things about America is that if you don’t like the politics or laws of a particular state, you can get up and move. We do. Since 2020, we’ve seen a steady migration of people moving to states that more closely align with their political, cultural, and world views. This trend could continue in the future, especially since we’re simultaneously returning power to states with Roe v Wade repeal. America may change even within a single generation.
It might feel natural to think that this country will split more than it already is, however, my belief is that federal power should be limited to promote peace and cooperation nationwide.
Let’s not forget that once upon a time, ALL Americans – red, blue, and purple – believed in and wanted We offer lessNot more. It would be easy to write a book on why we have regressed. But what is important now, it’s that we restore our heritage. With solutions like the Convention of States, we have an opportunity to do just that. This convention is legally allowed to be established under the US Constitution. It can also be used for amendments and the limitation of federal power. A minimum of thirty-four states could come together and make this happen. This would bring all Americans to the table. Given the Biden administration’s push for more federal control, a Convention of States would help to counter some of the overreach.
As Americans, it seems, we are gradually waking up to realize that we’ve been sleeping passengers for far too long on a ship we are meant to steer.