Opinion: Proposed amendment shows Republicans aren’t serious about stopping abortion

By enacting a constitutional amendment, the state would be playing into the hands of the leftists.

  • Monday, March 9, 2020 3:23pm
  • Opinion

Abortion is a crime against humanity. The legalization of abortion in 1970 by this state will stand as a blight and disgrace in the eyes of History.

However, by enacting a constitutional amendment which states that abortion is not recognized as a right, the state would be playing right into the hands of the leftists who favor legal abortion. Their entire edifice, on both the state and federal level, stands only because of their tight and consistent control of the judiciary, assisted by their media allies and lies.

SJR 13 would be recognizing several things that are clearly unconstitutional.

The courts have no authority to grant new rights. That remains for the Legislature and the people. The judiciary’s preposterous 1996 claim in the Valley Hospital case stated that they have “a duty to create new constitutional rights.” This is arguably an impeachable offense as it constitutes an overthrow of the state constitution.

The Legislature already has the constitutional authority to halt the courts’ creation of abortion as a fundamental constitutional right, which was invented in Article I, Sec. 22, “The Right to Privacy”. The section states, “The right to privacy is recognized. The Legislature shall implement this section.”

Through this, the parameters of defining “privacy” was clearly granted not to the courts but to the legislature. Through ignorance and cowardice the legislature has not been able to call the judiciary’s bluff in this matter. In addition, it is arguably another impeachable offense for the courts to mandate public funding of abortion. This violates the “power of the purse” reserved to the legislature in Article IX, Sec. 1.

The governor is under no constitutional obligation to enforce any court opinion. There is no clause in Alaska’s constitution that requires the executive branch to enforce their rulings, especially when they clearly violate the constitution as in court-ordered public funding. His oath is to the state constitution, not the courts.

The Legislature has the authority to define the judiciary’s power in Art. IV, Sec. 1. If the courts were to declare Jews, blacks or Alaska Natives as not worthy of protection of the law, would the executive feel obliged to enforce it, and would the Legislature try to introduce a constitutional amendment to halt such an evil decision? Yet Jews, Blacks and Natives at least have the ability to flee or defend themselves against a murderous tyranny, while the unborn are helpless. Why do allegedly pro-life legislators refuse to defend them?

The Republican Party has played off the sentiments of the pro-life movement for too long. This proposed amendment is a waste of time and human resources.

By rejecting “personhood” bills and refusing to exercise constitutional powers that already exist to rein in the judiciary, the Republican Party demonstrates that it is not serious at all about halting the greatest crime in human history. Many pro-life citizens are awakening to this fact. The Republican leadership ignores this at their own political risk.

• Bob Bird is a 43-year Alaskan, was twice a candidate for the U.S. Senate, former president of Alaska Right to Life and is a talk-show host for KSRM Radio on the Kenai Peninsula. Columns, My Turns and Letters to the Editor represent the view of the author, not the view of the Juneau Empire.

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