Your mistake is that you place written law ahead of moral law. As you have written before, the only moral purpose of government at any level is the protection of individual rights. Just as laws that infringe on individual rights are invalid, so too are laws that prohibit government from protecting individual rights. Therefore, the absence of a constitutional amndment authorizing the government to protect abortion rights can and should be disregarded. If the state governments would criminalize abortion, the Federal government should step in and garuntee to uphold abortion rights. Protecting individual rights is ALWAYS the right thing for the government to do regardless of the flaws in the Constitution. A proper Constitution is important, but philosophy is more important than any political device.
This was a comment left anonymously here.
In essence, it’s a subtle acceptance of much of what is wrong in the American States at present. It’s not obvious of course, but it is there none the less, and it is most definitely worth pointing out. Especially because Ayn Rand was of the same opinion, and this is one of the few areas I very strongly disagree with her — much like her indifference towards gun ownership. Apparently I am not alone in my disagreement however.
In any case, I have bolded what is especially disturbing — “laws prohibiting government from protecting individual rights”. This is bolded because in the context used, it is a complete dismissal of federalism and the objective history and subsequent laws American government at all levels are organized under.
It is a contradiction because it is the root cause of the homogeneziation of our country that has directly resulted in a softly tyrannical “national government”, which is not authorized under our supreme law as a valid structure of government.
That’s right, there is no such thing as a “national” government in the American States. We have a FEDERAL government that is authorized under the United States Constitution and THESE TWO ARE NOT APPROXIMIATE SYNONYMS (further reading).
Not to get “biblical” here, but as the saying goes, the greatest trick the devil ever pulled was convincing the world he didn’t exist.
And this is indeed one of them — impregnating an entire culture that there is such thing as a national American government, and installing the idea that this is synonymous with the federal government which was voluntarily authorized via the United States Constitution.
And why is this important?
Because national presupposes superior to and above.
Federal, properly understood, signifies general government between the States that make up the federal union of American States.
The dichotomy that’s been washed over your eyes as insignificant is overpowering vs in between — or to call out its exact nature, master versus mediator.
Which is the basic premise underpinning this supposed supporter of individual rights. Government is just government eh?
Not quite. And what he is proposing is tantamount to an all power federal government that acts as a national government — ordering the States to obey, or face violent force. In it’s infancy, this is the kind of thinking that led to the American Holocaust, also known as the American Civil War, where ~650,000 people died, the modern equivalent of 5+ million.
Which, to put it in perspective, is the equivalent today of blowing a handful of American States off the face of the earth.
That is end conclusion of throwing out the rule of law for how our government is and was objectively organized for the range of the moment caveman style approach to protecting individual rights. It is tantamount to blurting out every passing thought and trying to pass it as effective, open, and honest communication.
It is complete, monolithic, war mongering, nonsense. It is the same logic crusading neo-con christians use today to justify undeclared, unconstitutional, illegal invasions in the middle east — for “moral duty” to protect Israel and forcefully install democracy (wtf?), to protect women from brutal cultural practices, “save the children” from growing up in a primitive culture, etc.
This kind of thinking is the anti-thesis to Declarationism, which is the only fully consistent and rationally patriotic political philosophy an American can hold that is actually possible to practice in our federal union and is in fact the law.
It specifically prohibits the federal government from initiating force against any State and instead seeks to suspend it from the union for violating individual rights, and if not remedied in a reasonable amount of time, eject it from the voluntary federal union which is the united American States.
The greatest country on earth and to have ever existed.
States as such being in violation of their contract with the nation that the Declaration of Independence created, and subsequently forfeiting their participation in such union by violating the rights of man the individual, man the hero, and man the rational being.
— Anthony Dream Johnson