With abortion coming into light by the US Supreme Court, it reflects on the tenth amendment, and it states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Although it maybe a little difficult to interpret, it is clear that what ever is not in the US Constitution is the States responsibility. During the drafting of the US Constitution, it was the Virginia Plan that when forward with a strong central government. But with the anti-federalist movement during the drafting of the Bill-Of-Rights, the Tenth Amendment was added to give the States the rights for anything no covered in the constitution. Social Issues, with a religious character to them, was not written in the US Constitution becoming the responsibility of the States, as seen with the Eighteenth Amendment, Prohibition of Liquor, and now abortion.
By closely reviewing the US Constitution, the Founding Fathers felt that a strong government was needed to protect the US citizens from all enemies foreign and domestic, including items like military, diplomatic, treasury and justice. By looking at these issues for a sovereign government, social items did not seem to be relevant for the constitution, because social items were part of the religious culture.
As the Europeans moved into America, a meeting house was first built in the center the community and it was here that all political, religious, and social activities took place. Therefore, the social activities were part of the political and religious activities. This lead to the founding fathers not addressing social activities US Constitution. If the US Constitution did refer to the social activities, it would have been in the separation of church and state clause where social activities are covered by the church. Even as we have seen today, the churches still set the social values for America, as seen by the Catholic Church on abortion.
As for this essay, it will only look at prohabistion and abortion, but this does apply to social issues. The consumption liquor is part of the doctrines in most religious organizations, since they state that it leads to sin. Up until 1985, the Blue Laws were in affect for some states like Texas prohibiting the sale of liquor on Sundays that were supported by the protistan churches. The same can be stated by abortion, where the teachings of the Catholic Church includes abortion. But, regarding these two topics, the religious passion became so great that a US amendment and a federal law was written into the US Constitution. Or, instead of following the US constitution, Tenth Amendment, politicians, including the supreme justices that they appointed, put these social items into the constitution to gain support from the public.
The United States Constitution and Supreme Court is not set up fall under the pressure of the US citizens. The frame work of the Constitution is to remain ridged, but the political pressure working within the constitution frame work is how this country is to operate. If the frame work of the constitution is to change, an amendment to the constitution is to be reified by all fifty States, making it a difficult and a necessary change to the constitution. By definition, the US Supreme Court is to read and follow the US Constitution and federal law. Basically, since there are no social laws in the constitution, there is nothing for the Supreme Court Justice to review.
Therefore, it was political pressure that has cause this US amendment and federal law to become reality outside of the frame work of the US Constitution. Even for the Found Fathers, they would have seen that these two items should have not been in the US Constitution but handled by the religious network through out of the United States. And, over time, it has been proven that if social laws are incorporated into the US Constitution they will eventually be removed. It becomes unfortunate that passion will supersede the frame work of the US Constitution. Regarding the way that political pressure distorts the frame work of the US Constitution, the Founding Fathers vision has been deflected out of shape, and, with as many social items that are in the US Constitution, their vision has been yielded to the point that social items will never be removed from the US Constitution.
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