23 February 2017
Legal Abortion: Lincoln's Constitutional Legacy?
Maybe it would have happened anyway, but since Lincoln the Constitution has meant not what it says, but whatever the U.S. Government decides it shall mean. The very meaning of constitutionality has become entirely fluid, so that the law itself has become exactly what law should never be: unpredictable.
Think of the U.S. Supreme Court’s notorious 1973 abortion ruling. Nobody before then had ever suggested that abortion was a constitutional right, but the Court suddenly discovered that it was, protected somehow by the Ninth and Fourteenth Amendments. The laws of all 50 states were struck down at a blow, but thanks to Lincoln the remedy of secession was no longer available to them.