Constitutional Amendment

[Actor]

Should SCOTUS reverse Roe v. Wade then I think the passage of a Constitution Amendment legalizing abortion is a possibility. I base this on the following.

• Opposition to abortion is primarily religious.
• Religion is declining in the U.S.
• Teen pregnancies are less among the non-religious.
• I conclude that ultimately the question is non-partisan.
• Therefore there is a good possibility that such and amendment could pass both houses of Congress and be Ratified.

[JustRalph]

You’re a barrel of laughs

[boxcar]

Originally Posted by JustRalph

You’re a barrel of laughs

A loud empty barrel at that...

[Redboard]

It would be nice if Congress could settle this stuff on their own without depending on the SCOTUS to.

But it seems that is the way our nation has always worked, e.g., the Dred-Scott decision.

[boxcar]

Originally Posted by Redboard

It would be nice if Congress could settle this stuff on their own without depending on the SCOTUS to.

But it seems that is the way our nation has always worked, e.g., the Dred-Scott decision.

Congress is filled cowards! So many members would prefer that the high court do the heavy lifting for them so that politicians can avoid political fallout.

[tucker6]

Originally Posted by Actor

Should SCOTUS reverse Roe v. Wade then I think the passage of a Constitution Amendment legalizing abortion is a possibility. I base this on the following.

• Opposition to abortion is primarily religious.
• Religion is declining in the U.S.
• Teen pregnancies are less among the non-religious.
• I conclude that ultimately the question is non-partisan.
• Therefore there is a good possibility that such and amendment could pass both houses of Congress and be Ratified.

Requirements for a constitutional amendment:

The Constitution requires that for the proposed amendment to pass, each house of Congress must pass it with a two-thirds majority.

If that happens, the amendment is then sent to state legislatures for their approval. Here again, another, even larger supermajority is required: Three-fourths of all state legislatures must vote to approve the proposed amendment before it is considered ratified and added to the Constitution. This means that only 13 states can block a proposed amendment from being ratified.


Good luck with getting that amendment past Congress and then past 38 state legislatures.

[Actor]

Originally Posted by tucker6

Requirements for a constitutional amendment:

The Constitution requires that for the proposed amendment to pass, each house of Congress must pass it with a two-thirds majority.

If that happens, the amendment is then sent to state legislatures for their approval. Here again, another, even larger supermajority is required: Three-fourths of all state legislatures must vote to approve the proposed amendment before it is considered ratified and added to the Constitution. This means that only 13 states can block a proposed amendment from being ratified.


Good luck with getting that amendment past Congress and then past 38 state legislatures.

Right. I looked into that before posting.

I think that most Americans want abortion on demand. I also do not think SCOTUS will overturn Roe v. Wade, but it could happen.

I also do not think such a amendment would pass quickly. But if the people want it they will eventually get it. How long did the prohibition amendment last? About 12 years (if memory serves). The bottom line is that this is something most Americans want and in the long run politicians who refuse to give it to them or who try to take it away from them do so at their peril.

[Actor]

Originally Posted by Redboard

It would be nice if Congress could settle this stuff on their own without depending on the SCOTUS to.

That's not the way it works. Read the Constitution. SCOTUS can invalidate anything Congress does.

[PaceAdvantage]

As far as I have heard, there is no pending case anywhere challenging Roe v Wade.

There actually has to be a CASE in EXISTENCE for there to be a CHANCE it gets to the SUPREME COURT...or don't you understand this?

So, I'm not quite sure why Democrats are in such a panic.

More fake news I suppose.

Sounds to me, during these hearings at least, they are panicking about Obamacare more than abortion.

Then again, Harris seemingly wants to Obamacare out of existence with her support for Medicare for All...so I guess she doesn't like Obamacare either.

[boxcar]

Originally Posted by Actor

Right. I looked into that before posting.

I think that most Americans want abortion on demand. I also do not think SCOTUS will overturn Roe v. Wade, but it could happen.

I also do not think such a amendment would pass quickly. But if the people want it they will eventually get it. How long did the prohibition amendment last? About 12 years (if memory serves). The bottom line is that this is something most Americans want and in the long run politicians who refuse to give it to them or who try to take it away from them do so at their peril.

If so, not by much at all. America has been pretty much divided on this issue, historically. It would take an overwhelming majority for an amendment to pass.

https://news.gallup.com/poll/244709/...ic-tables.aspx

https://www.dailysignal.com/2019/02/...fe-poll-finds/

[davew]

yes, but most of the Americans Actor knows want abortion on demand ... all the way until 10 minutes post-partum

[jocko699]

Most Americans are murderers? Is that what was stated? The stupidity associated with that statement is astronomical.

[Actor]

Originally Posted by PaceAdvantage

As far as I have heard, there is no pending case anywhere challenging Roe v Wade.

Not directly. I think there is a case on the court's agenda regarding a state law limiting access to abortion. These kinds of cases have come up before and I suppose will come again in the future.

Originally Posted by PaceAdvantage

There actually has to be a CASE in EXISTENCE for there to be a CHANCE it gets to the SUPREME COURT...or don't you understand this?

I do.

Originally Posted by PaceAdvantage

Sounds to me, during these hearings at least, they are panicking about Obamacare more than abortion.

Agreed. Their concerns about Roe v. Wade are anticipatory.

Originally Posted by PaceAdvantage

Then again, Harris seemingly wants to Obamacare out of existence with her support for Medicare for All...so I guess she doesn't like Obamacare either.

The previous challenge to the ACA (Obamacare) was overruled by SCOTUS as an exercise in Congress' power to tax. I think the democrats see Medicare for All as being less vulnerable to legal challenge since they could word Medicare for ALL in exactly those terms. The court has previously said that Social Security withholding is a tax and Social Security benefits are gift from Congress. Medicare and Social Security are historically linked. Thus any legal challenge to Medicare for All would have to address not only the decision of the Roberts court but the decision of the Warren court as well.

[Actor]

Originally Posted by davew

yes, but most of the Americans Actor knows want abortion on demand ... all the way until 10 minutes post-partum

Actually just the opposite. Most people I know (all Americans) are pro-life.

[Redboard]

Originally Posted by Actor

That's not the way it works. Read the Constitution. SCOTUS can invalidate anything Congress does.

The SCOTUS can rule a federal/state law or policy unconstitutional, but they can't rule a constitutional amendment unconstitutional.