David Brownlow -- Judicial Shredding of The PBA Ban

JUDICIAL SHREDDING OF THE PBA BAN

By David Brownlow
November 8, 2003
NewsWithViews.com

Now that various federal courts have begun to block enactment of the Partial Birth Abortion Ban, the strategy of the death peddlers has become quite apparent. Who needs the will of the people or the support of Congress when a small handful of judges can do the bidding of the legalized child killing industry? This trap was laid for us many years ago and our pro-life leaders have walked right into it.

Those who have read my previous commentaries on the Partial Birth Abortion Ban are aware that I am not a supporter of this compromised piece of legislation. However, now that it has been signed into law, we should expect results from the many years of effort, and the million$ that were spent trying to pass the ban. But don't hold your breath.

One of the goals of those writing this "ban" was to enact a law that would be palatable to the Supreme Court. Not only did this compromise result in an abortion ban that would not ban any abortions, it also meant this battle was over long before it even got started.

The same court the Congress hoped to appease, has spoken so loudly in past decisions as to its radical, pro-abortion leanings, that anyone who thought we would get any help from the court on this issue was just not paying attention. It is sheer lunacy to think the thugs that legalized abortion in the first place are going to help us put a stop to it now. Talk about making a pact with the devil!

Further, acknowledging that the courts have ANY jurisdiction over the lives of the 44,000,000 American children that have been killed, is to surrender the only argument we possess that has any merit - Abortion is Murder! And NO COURT has the authority to set aside the basic human right to life that God has granted to each one of us.

The culture of death is so pervasive in our society that a meaningful solution to abortion seems very distant. Short of a spiritual revival in this country, the only real shot we have at ending the carnage is to elect a Congress that is willing to obey the law. The solution is all there in black and white if anyone would choose to look for it.

The 5th Amendment says, "No person shall be deprived of life, liberty, or property, without due process of law." Congress could enact a law tomorrow morning that defines this 5th amendment "person" such that it would include the unborn person. If that happened, legal abortion could be over the very next day! And there is nothing the court could do about it. Why is there complete silence from our "pro-life" leaders in Congress regarding this simple solution?

Then there is the whole issue of the jurisdiction of the federal court. Did our founders really intend that a nine-member oligarchy could determine the fate of so many millions of Americans? Most certainly not! Article 3 was put in the Constitution to specifically safeguard the Republic from the type of rogue courts that have been wreaking havoc across this nation. It says:

In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make. Article 3, Section 2.

The power to enact laws remains the exclusive province of the U.S. Congress. When the Supreme Court illegally stepped into the lawmaking role back in 1973 (as it had for many years before that!), Congress had every right to regulate the jurisdiction of the court by overturning Roe v. Wade. It is the inaction of Congress that has led us a situation thirty years later where we have to beg for even such a small crumb as the Partial Birth Abortion Ban. Now even that is likely to be snatched away!

After the government-sponsored death of so many children, it has become very clear that the current strategy of compromise and appeasement is not going to end the carnage. The federal government, the federal courts and federal law enforcement officials have conspired with the legalized child killing industry in the mass murder of millions of Americans. Only a head-on confrontation with the criminals that have taken over our government will end the slaughter.

If we allow our government and the courts to continue to destroy the moral fabric of our country, how long will it be before every last shred of our freedoms (what few we have left) are gone? Let us hope it is not too late to elect a Congress that understands the magnitude of the problem.

Because every day we spend nibbling around the far edges of the abortion holocaust, another 3,800 innocent children will die.

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Dave Brownlow, an engineer, has been designing and selling industrial automation control systems since 1979. He lives in Clackamas OR with his wife Suzanne and their four children. Active in the pro-life movement and conservative politics for over 20 years, David ran for US Congress in the 3rd District of Oregon in 2002 on the Constitution Party ticket. He has announced his plans to run again in 2004. His Web-Site www.davebrownlow.com E-Mail: dave@davebrownlow.com

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"The culture of death is so pervasive in our society that a meaningful solution to abortion seems very distant. Short of a spiritual revival in this country, the only real shot we have at ending the carnage is to elect a Congress that is willing to obey the law."