Originally posted by Benevolent Heretic
His Sanctity of Life Act would overturn Roe V. Wade, state
that life "begins at conception", removes federal jurisdiction (you can't take your case to the supreme court or use the privacy rights from the US
Constitution) and give states the power to protect unborn persons.
First off, Paul is writing checks his ass can not cash..
This would never happen even if Paul wanted it.
Paul is promising the world.
To over turn ROE V. Wade is pretty much a pipe dream now..
It would take a constitutional amendment.
The Amendment Process
There are essentially two ways spelled out in the Constitution for how to propose an amendment. One has never been used.
The first method is for a bill to pass both houses of the legislature, by a two-thirds majority in each. Once the bill has passed both houses, it goes
on to the states. This is the route taken by all current amendments. Because of some long outstanding amendments, such as the 27th, Congress will
normally put a time limit (typically seven years) for the bill to be approved as an amendment (for example, see the 21st and 22nd).
The second method prescribed is for a Constitutional Convention to be called by two-thirds of the legislatures of the States, and for that Convention
to propose one or more amendments. These amendments are then sent to the states to be approved by three-fourths of the legislatures or conventions.
This route has never been taken, and there is discussion in political science circles about just how such a convention would be convened, and what
kind of changes it would bring about.
Regardless of which of the two proposal routes is taken, the amendment must be ratified, or approved, by three-fourths of states. There are two ways
to do this, too. The text of the amendment may specify whether the bill must be passed by the state legislatures or by a state convention. See the
Ratification Convention Page for a discussion of the make up of a convention. Amendments are sent to the legislatures of the states by default. Only
one amendment, the 21st, specified a convention. In any case, passage by the legislature or convention is by simple majority.
The Constitution, then, spells out four paths for an amendment:
Proposal by convention of states, ratification by state conventions (never used)
Proposal by convention of states, ratification by state legislatures (never used)
Proposal by Congress, ratification by state conventions (used once)
Proposal by Congress, ratification by state legislatures (used all other times)
It is interesting to note that at no point does the President have a role in the formal amendment process (though he would be free to make his opinion
known). He cannot veto an amendment proposal, nor a ratification. This point is clear in Article 5, and was reaffirmed by the Supreme Court in
Hollingsworth v Virginia (3 US 378 ):
That said, if a women wants to get rid a child bad enough she will.
Legal, not legal, it does not matter. You will have doctors still willing
to do it *black market* style.
If the supreme court was going to let states decide that decision of making it legal
or not, they should of done it before they made the practice legal in every state..
edit on 2-1-2012 by popsmayhem because: (no reason given)