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Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review Sept. 23, 2005 / 19 Elul, 5765

Let's take abortion away from the court

By David Gelernter


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http://www.JewishWorldReview.com | John G. Roberts Jr. will be confirmed and become chief justice — though some of his opponents noisily insist they don't trust him to leave Roe vs. Wade and abortion rights undisturbed. Instead of heckling Roberts, they ought to ask themselves why abortion rights should be up to the Supreme Court in the first place, and not to the American people and their elected representatives.


The abortion issue is a catastrophic wound in U.S. cultural life. It has inflicted unending battles on American society ever since the Supreme Court seized control of the issue from state legislatures in 1973 — in one of the grossest power grabs American democracy ever faced.


Young people pondering U.S. democracy today might easily conclude that all really important laws must be decreed by the high court.


We could heal the abortion wound, end the battles and reaffirm the integrity of American democracy if we had the guts to use the Constitution's own mechanism for introducing big, permanent changes to American law. We should get Congress to propose and the nation to ratify a constitutional amendment.


Ever since the 7-2 Roe decision, supporters of abortion rights have been nervous — with good cause. The right to have an abortion could be abolished by a one-vote majority of the Supreme Court. It was only created in the first place because of the Make-a-Wish theory of jurisprudence. The American people had never written it into the Constitution, but the justices (closing their eyes and wishing hard) discovered it there anyway.


Some people still believe that abortion rights are present in the Constitution under cover, hiding behind the bushes. They argue that the Constitution includes an implicit right to privacy, which implies the right to an abortion. But abortion is a strictly private act only if you believe that the fetus is not a person. Otherwise it involves two people and amounts to murder — and privacy is irrelevant.


And despite having triumphed in the Supreme Court, abortion-rights proponents are still anxious. The right to an abortion is continually in jeopardy. In every election, liberals are required to vote for a president and senators who will nominate and confirm justices, who in turn will (probably) not vote to overturn Roe. Rube Goldberg democracy is the natural complement to Make-a-Wish jurisprudence.


The solution is to take abortion out of the court's hands and give the issue back to the people. The court could dump Roe and let state legislatures make abortion law, as they used to. But this is not going to happen any time soon. A stable majority of Americans has backed legal abortion for years. (Majorities also favor restrictions after the first trimester and parental notification for minors.)


Overturning Roe, moreover in the face of majority support, would be a spectacular gesture for the Supreme Court, which no longer likes making spectacular gestures.


How can democracy reassert itself given American political reality? Congress could propose, and the nation could ratify, a two-part constitutional amendment.


Part one would legalize abortion with suitable restrictions. Part two would nullify Roe and reaffirm that only Americans and their elected representatives have the power to make law in this nation. All courts would be implicitly instructed by this slap-in-the-face clause to butt out of law-making.


Obviously, pro-abortion liberals would gain if such an amendment were ratified. Anti-abortion conservatives would too — not in their fight against abortion, perhaps, but as Americans. They can live in a nation where abortion is legal and democracy is under a cloud, or a nation where abortion is legal and democracy has been resoundingly reaffirmed.


Abortion poses vitally important problems, but liberty and democracy are even more important. If we lose them, we lose everything — including all possibility of making things better in the future.


To pass a constitutional amendment is hard, but plenty have been approved in short order. Direct election of senators (proposed 1912, ratified 1913), women's suffrage (proposed 1919, ratified 1920), term limits for the president (proposed 1947, ratified 1951), abolition of poll taxes (proposed 1962, ratified 1964), voting at age 18 (proposed and ratified, 1971).


The ratification process would give conservatives a chance they haven't had for years, to make their case to a public that is empowered to act. If the amendment were ratified, which would be likely, abortion rights would at least be backed by the legitimate authority of the people instead of the usurped authority of the court. Democracy would have been vindicated. When the people finally have a chance to speak, this wound would finally have a chance to heal.

Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.



Yale professor David Gelernter is a senior fellow at the Shalem Center, Jerusalem. To comment, please click here.


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© 2005, Los Angeles Times. Distributed by Los Angeles Times Syndicate

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