Can Congress Legislate Abortion Laws?

[RavVid]

I'm not an American but I'm curious if there there is a constitutional power for Congress to legislate on abortion.

Presumably it would just be found to be unconstitutional if there wasn't such a power.

Federal govt's do routinely exceed their powers by coercing states. A subpart of my question is how can your Federal gov't coerce your states when it doesn't have a constitutional power?

Updates

1 y

Thanks for all responses in helping me to understand the constitutional side of this issue.

[Syntosi]

Anything that is not protected by the constitution is within the power of congress. The supreme court interprets the constitution and used to give constitutional protection through their decision on Roe which has now been revoked. As such it is perfectly within the rights of congress to do whatever they want.

You appear to be very confused on the fact that federal power is above state power in USA. Respecting states rights in this regard is a personal decision or value of the people in power rather than an actual restriction that would have prevented the federal government from applying this law to the entire country.

[RavVid]

OK, that makes sense. Thank you. In my country it is more the reverse. Unless the constitution gives Federal parliament power to make laws in an area it doesn't have the power.

I wouldn't say I was confused but more lacking the big picture. In fact I was more under the impression that states in the US were stronger relative to the federal go't in the US than in Australia. If you read in the wrong context you will , misunderstand. :)

Thanks for taking the time to fill me in. Appreciate.

[Anonymous]

abortion is a states issue. not a national issue

even then it violates both the 10th and 14th amendment

[RavVid]

Now I'm confused again. The 10th amendment seems to be saying the Federal gov't only has powers explicitly delegated by the constitution and that all other powers belong to the States (or people).

So does that mean unless the US constitution delegates powers to legislate on abortion than it is for the states?

Is the 14th saying abortion is a privilege of a citizen of the US that cannot be removed?

[Opinion Owner]

think of the federal government as a community and the states as individual families

different families will teach different values but there are common values in which all members of the community must uphold.

the 10th amendment gives states their freedom unless it violates the constitution itself

the 14th amendment gives the right to life to an individual and everything else that comes with it. now people will go back and forth and debate whether or not an unborn baby is a life or not but the point being if an unborn baby is life (which it is by the way) then abortion itself violates it's right to life

[Caroline91]

The Federal government does not coerce the states. It does have constitutional power. In the Constitution, The Supremacy Clause sets the foundational principle that, in general, federal law takes precedence over any conflicting state law

[Caroline91]

So, Yes, Congress could legislate national abortion laws.

[RavVid]

OK - thanks. Whilst we pinched the federal side of our constitution from you guys there are differences. Thanks for the help to understand..

For us abortion was entirely a state matter.

[Caroline91]

Glad I could help clarify.

[QuietRunner]

Yes they can at any time

[RavVid]

Understand the state/Federal power balance now.

[jahaims]

Look it up

[RavVid]

Actually did but Congress Library documents got complex so I took the easy way out and asked.