WhatFinger

Roe draft raises question gubernatorial, all candidates must answer: Will you protect State's rights?

America First' is 'States First'



The following statement will doubtless get me in trouble: Set aside all of the hullabaloo about abortion, whether it's right or wrong. Why? Because the leaked opinion on Dobbs v. Jackson Women's Health is more far-reaching than the murdering of babies in, and in other barbarous cases, outside the womb. It will be hard to let go of this emotionally-driven issue to reach the hard nut inside the probable ruling, but here it is… states' rights, which is ultimately the expression of the people's rights that can nullify the federal “authority.”
You read that right. There are rights and there are rights, and the right of the people, who constituted the lawful basis of this nation, bears the final say regarding any and all legislation. Simply put, if a policy, regulation, legislative act or judicial ruling attempts to appropriate the constitutional authority of the people, it becomes void. Page 41 of the opinion draft:
“As the Court's landmark decision in West Coast Hotel illustrates, the Court has previously overruled decisions that wrongly removed an issue from the people and the democratic process. As Justice White later explained, “decisions that find in the Constitution principles or values that cannot fairly be read into the document usurp the people's authority, for such decisions represent choices that the people have never made and that they cannot disavow through corrective legislation. For this reason, it is essential that this Court maintain the power to restore authority to its proper possessors by correcting constitutional decisions that, on reconsideration, are found to be mistaken.” Thornburgh, 476 U.S., at 787 (White, J. dissenting).” (emphasis, mine)
Page 42:
“The weaknesses in Roe's reasoning are well-known. Without any grounding in the constitutional text, history, or precedent, it imposed on the entire country a detailed set of rules much like those that one might expect to find in a statute or regulation. See Roe, 410 U.S.,at 163-164.” (emphasis, mine)

Note that regulations are not law but policy and, thus, not binding if they stretch authority beyond legislative intent and/or counter the Constitution. But the opinion goes deeper into the jurisdiction that was seized by the Court that had no power to take such action: Page 61
“ “The contending sides also make conflicting arguments about the status of the fetus. This Court has neither the authority nor the expertise to adjudicate these disputes,” Re: Casey.”
Each of the foregoing excerpts refer to the lack of authority for the Court to overrule the states' jurisdiction over matters not specifically delegated to the federal government by the Constitution, which there is an unfortunate unwillingness for many legislators, judges and executive office holders to read and understand its constraints. There is also the wishfulness of ideologues to insist that their beliefs be instituted regardless of the Constitution's clear language. Further, on Page 62 the draft states that abortion is a “unique act” because it terminates “life or potential life.” This also applies to disease control and climate change because mandates have the same potential to terminate life, as in administering experimental injectables after suppressing evidence of dangerous adverse effects. Restrictions instituted to battle “climate change” have a similar effect of threatening lives by denying citizens access to food, fuel and housing due to engineered shortages, inflated prices and banning products and industries. There's more.

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Something that I have addressed multiple times over more than a decade, including the last column, “Crux of econ disaster: capitulation to climate change rhetoric,” is that justices of the Supreme Court do not have the working expertise to rule on certain scientific or medical issues whereby they create legal standards that cannot be substantiated by facts, but institutionalize a political agenda. This occurred not only with Roe v. Wade but with Massachusetts v. EPA (2006) where SCOTUS ruled that CO2 was a poisonous “greenhouse gas,” which proof (there was none, only political biases) was outside the justices' scientific knowledge necessary to reach such a conclusion. Page 46
“And the Court did not explain why it departed from the normal rule that courts' defer to the judgments of legislatures “in areas fraught with medical and scientific uncertainties.” Marshall v. United States, 414 U.S. 417, 427 (1974) (emphasis mine)
This last acknowledgment is crucial. It identifies the fact that justices are well-versed in application of the Constitution to policies, regulations and law, but not the science or medicine that may underly any of these. It is not for judges to make scientific or medical determinations that serve to empower political ideologies. Numerous cases brought before the courts can be attributed directly to motivation to burden the people with encumbrances not addressed or granted by the Constitution – limiting CO2 emissions (“Climate Change”), mask mandates, forced vaccinations, energy production, federal election supervision, illegal immigration, environmental standards encroaching on property rights, religious expression, free speech and healthcare. The last categories of guaranteed freedoms are currently being gutted and challenged by establishing these unconstitutional oversights:
  1. Environmental and Climate Justice Division of the Department of Justice,
  2. Disinformation Governance Board of the Department of Homeland Security, and
  3. WHO International Pandemic Treaty which would ostensibly allow an appointed authoritarian organization (under Chinese Communist Party influence) to overrule the Constitution of the United States.

Biden administration recommended “amendments”

Biden administration recommended “amendments” create a new agreement, although the conference, May 22-28, 2022 in Geneva, is being touted as only adding to an established accord in order to bypass congressional ratification. The World Health Organization cannot actually supersede our Constitution. However, if legislators are foolish enough to think they should hand over power and billions of dollars to an outside authority, it will lead to untold strife and suffering within our nation. Witness the current lockdown of nearly 400 million people in China that is contributing to deaths, which actual numbers are unreported. The predominant takeaway from this potential ruling on Dobbs v. Jackson Women's Health is that the final say in the legality of abortion and, subsequently, other issues where the federal government has usurped authority, must be delivered back to the states for the people to determine. Page 67
“We now overrule and return that authority to the people and their elected representatives.”
Before casting your ballot, the question that must be put to every office seeker, from governor to sheriff, is this: Will you invoke States' Rights protected by the Constitution if federal regulations, policies and laws demean and destroy the lives and livelihoods of the people, and disenfranchise the citizens of the state, abrogating the Ninth and Tenth Amendments? If candidates are not strong enough to enforce the constitutional rights of states and their citizens, then they are not worthy of holding office. 'America First' works through 'States First.' This is true federalism.

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A. Dru Kristenev——

Former newspaper publisher, A. Dru Kristenev, grew up in the publishing industry working every angle of a paper, from ad composition and sales, to personnel management, copy writing, and overseeing all editorial content. During her tenure as a news professional, Kristenev traveled internationally as a representative of the paper and, on separate occasions, non-profit organizations. Since 2007, Kristenev has authored five fact-filled political suspense novels, the Baron Series, and two non-fiction books, all available on Amazon. Carrying an M.S. degree and having taught at premier northwest universities, she is the trustee of Scribes’ College of Journalism, which mission is to train a new generation of journalists in biblical standards of reporting. More information about the college and how to support it can be obtained by contacting Kristenev at cw.o@earthlink.net.


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