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How would it work?
We believe the answer to ending abortion in the United States is the doctrine of interposition.
“Interposition is an official act on the part of a State government to question the
constitutionality
of a policy established by the central government."
Felix Morley, Freedom and Federalism, Liberty Fund, Inc., Indiana (1981).
"Interposition: The doctrine that a state, in the exercise of its sovereignty, may reject a mandate of the federal government deemed to be
unconstitutional
or to exceed the powers delegated to the federal government."
Black's
law
Dictionary. Fourth Edition (1951- 1967)
Interposition works both ways. Either the State interposes between the Federal government and its citizens, or the Federal government interposes between the State and its citizens. Either the State says "No, we will not allow the murder of innocent unborn children" and begins to prosecute, or the Federal government does.
For details on the doctrine of interposition, see Scott Whiteman's article Standing Between the Butcher and the Baby from The American View.
How would it work practically? Let's look at a few examples.
The President of the United States could enforce the
Constitution
and begin prosecuting all who are conspiring to murder the unborn babies.
"This is what their oath of office demands. The president takes an oath to “preserve, protect and defend the
Constitution
,” not
Supreme
Court opinions. Further, Article II, Section 3 states that the president is duty-bound to “take care that the
laws
be faithfully executed.” Any court opinion that is contrary to the
Constitution
is, by definition, not
law
. Therefore, the president must not enforce it."
"Under my Presidency, Roe v. Wade would NOT be enforced and member states of the Union could again open their criminal codes and begin the prosecution of the doctors and parents who would contract for the murder of an unborn child."
The Governor of a state could do the same thing. He could just start prosecution. The
law
enforcement officials of his state are under his direction. He needs only to call upon them to begin.
Q. "What can a state governor do to restrict a practice that the
Supreme
Court has asserted is legal?"
A. "Abortion is murder. No court can legalize murder. He could ignore the
Supreme
Court and prosecute abortion as murder --which it is. Courts do not make
law
."
The Attorney General could also begin prosecution.
"A
Constitutional
ly -minded state’s Attorney General could open-up his copy of the state’s
laws
, pull out the statutes still on the books declaring abortion illegal and prosecute, interposing himself between the Federal government and the unborn person he is trying to protect."
Congress could pass a resolution similar to Ron Paul's Sanctity Of Life Act stating that all life exists from conception, and that Congress has the DUTY (not just the authority as stated in the above mentioned act) to protect the lives of unborn children, and that, according to Article III Section 2, the
Supreme
Court will have no appellate jurisdiction over this area.
The State Legislature could pass a resolution or bill, like Georgia's HB1, stating that
1. the State "has the duty to protect all innocent life from the moment of conception until natural death" (Georgia HB1 a),
2. "A fetus is a person for all purposes under the
laws
of this state from the moment of conception" (Georgia HB1 a.1.) and
3. "As the United States
Constitution
confers to no federal branch either the authority over the definition or prosecution of murder, or the power to nullify the
laws
of a state that do the same, Roe v. Wade is 'no
law
', is a nullity, and carries no legal effect (HB1 a.24)" in the state.
Churches could :
1. Affirm from their pulpits the sanctity of human life from conception.
2. Exhort their congregations to write, e-mail, telephone, and/or contact directly their elected representatives concerning the importance of the sanctity of life and the Pro-life principles.
3. Remind their congregants to pray regularly for their elected representatives and to prayerfully consider how God might use them in speaking-up for those unborn children who cannot speak for themselves.
(3 points taken from the Northwest Georgia Presbytery Statement Concerning The Sanctity Of Life)
But what about the ordinary people? What can we do? Here are some ideas:
1. Study what our Bibles and the
Constitution
have to say about murder and about government.
2. Pray without ceasing.
3. Petition our government to enforce our
Constitution
!
"At the state and local level, the people should insist that the
laws
that are still on the books be enforced against abortionists."
4. Teach others.
5. Campaign for Godly men who understand these principles.
6. Run for office.
7. Never give up.
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