The following is only for thoughtful readers. If you want a very quick explanation, you will have to look elsewhere. The reason I have no quick explanation is the fact there is none available.
Sen. Manchin explains the filibuster thus: “The filibuster is a protection of democracy.”
Sen. Chuck Schumer’s scheme is a two-step plan: First, kill the filibuster. Second, pass a law to make all abortions legal in all 50 states.
The first, killing the filibuster, would eliminate any influence of the minority in the Senate, something bad for both parties because the filibuster is the bulwark of the Rule of Law to prevent spurious, radical laws from going into effect from either party.
Second, if Sen. Schumer successfully killed the filibuster and followed with a Democrat-majority law to allow unrestricted abortions on demand in all 50 states, such a law would not pass any Supreme Court review because it would be inherently unconstitutional. Read the enumerated powers of the federal government in Article I, Section 8. There is no constitutional federal power to enact such a law.
However, there is nothing in the Constitution that prohibits the States from regulating or preventing abortions. The Tenth Amendment applies. “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” t.ly/Dh_J
But, there is more you should know.
Before the United States of America became a free and independent nation, our forefathers subscribed to the Rule of Law. In fact, it was tyrannical King George III that drove us to separate from Great Britain through his unlawful attacks and mistreatment of our people. Read the Declaration of Independence, in particular, the 27 grievances. Focus on the 23rd. t.ly/7yaE
Article VI of the Constitution defines the Supreme Law of the Land: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land …” Take note of that phrase, “laws made… in Pursuance thereof”. This means any law that does not pursue the administration of an article of the Constitution cannot qualify as the Supreme Law of the Land and is, therefore, unconstitutional.
Can the Constitution be changed to remove authority over abortions from the States and legalize unrestricted abortions in all fifty states? Yes, if 2/3 of both Houses of Congress or 2/3 of the states agree to propose such an amendment and 3/4 of the states would then ratify the proposed constitutional amendment. Article V describes this process.
If you read and understood Article V, you will readily understand why the Founding Fathers set up our system of government to intentionally make it challenging to change the system. The filibuster was created with this principle in mind.
John White
Rockwall, Texas
John N. White 