Federalism and Abortion
Introduction
Abortion represents a nearly perfect example of an issue well suited for federalism. Abortion is more of a moral issue depending on how someone defines boundaries of personhood. State governments, in line with their mandate, have enacted several laws about abortion as a matter of public policy. Abortions give an insight into the usefulness of federalism as a means of solving problems in a situation where the limitation of concepts is defined. While analyzing federalism, abortion stands as a factor that might potentially cause problems between states and national government policies while portraying federalism as a robust method of governance.
Keywords: federalism, abortion
Problems that have risen between the states and national policy interaction.
Abortion has brought about the conflict between state laws and central government policies (Forsythe & Presser, 2005). There is no uniform policy on abortion by the federal government as different departments have different policies regarding abortion, ranging from being legal to total prohibition. Political conflict over abortion has emanated and moved from the courts to the elected branches of government. While action by Congress is one way of ensuring the right to abortion is preserved, it has emerged that states and not the national government would be the key to maintaining abortion rights. Alabama has banned abortion, which has seen its decision challenged in court by the American Civil Liberties Union, which claim that the ban is directly opposite the 1973 Supreme Court decision that established the right to abortion. Some of the most restrictive abortion laws are passed across the country inflicting a sharp divide between conservative and liberal states, setting up a severe court battle that is promising to shape abortion access in America.
The logic of national laws is clear, and leaving abortion policies entirely to the states will leave a lot of dents in the rules that are acceptable in New York and California and highly rejected in states like Utah and Guam who even have significant barriers to access to abortion. Some less oppressive laws to abortion provide a critical obstacle to many women who would like to have such services. Middle class and rich women, however, may take advantage of rigid regulations and travel to other states that permit abortion while poor women in restrictive states settle for lack of alternatives and thus only a federal statute can ensure that all women receive equal protection. Crusaders of reproductive rights have to face political realities. Crusaders are doubtful to convince Congress to pass ideal laws that protect abortion; otherwise, they will lose the battle even before it begins. Crusaders main aim is, therefore, to secure a federal law that provides the basis for abortion. If a state passes more fair laws, it is the prerogative of women to embrace them.
A rigid approach cannot succeed politically, and therefore, a compromise has to be made plus acceptable legislative strategies (Kopel & Reynolds, 1997). It is crucial to understand what Congress, the national government, and states can do in trying to create abortion laws. While we are focused on achieving the best abortion laws, we ought to consider the provisions of the Supreme Court in 1973 and the effect of keeping unwanted pregnancies. Any federal law on abortion will have to pass several tests. The legislation has to be made in such a way that the Supreme Court will not have a different opinion about it and has to get enough support to win a majority in parliament and to override a presidential veto.
In as much as the constitution provides authority to Congress to act on abortion, the states and the Congress use public opinion to shape their decisions (Kreimer, 1992). Most people in America endorse women’s rights to safe abortion. In a CNN poll in July 1990, a majority Americans, 59%, thought that they would reject any attempt to overturn Roe V. Wade’s 1973 laws on abortion. Opinions vary widely, but it is important to note that majority of Americans approve of abortion in particular circumstances such as when the child will be born of deformations or when the mother’s life is in danger.
My position on the Issue
To me, the United States federalism is an efficient method of governance. State governments have for long come up with various legislations which directly affect a people’s healthy life. Separation of powers has been achieved between the central government and central government where decisions made by state governments are not subject to a query from the central government. The efficiency of the federal government has ensured political stability by eliminating the national government from some contentious areas; there is no loophole for an attack on the national government by any state government or any individual as responsibility remains solely with the state governments. Federal system of government has ensured that state governments are more responsive to the citizen’s needs. State governments being closer to citizens means that citizens needs are more likely to be taken seriously and implemented. Federalism has also ensured that there is no tyrannical rule, and that power is distributed in all three branches of the government.
Conclusion
Abortion is a national issue that has brought conflict between the central government and the state governments with state government’s insistence on regulating abortion. If abortion laws are left entirely on the states, it can leave a massive dent in the law. A rigid approach is bound to fail. However, the federal government is credited for allowing states to operate independently.
References
Forsythe, C. D., & Presser, S. B., (2005). Restoring Self-Government on Abortion: A Federalism Amendment. Tex. Rev. L. & Pol., 10, 301.
Kopel, D. B., & Reynolds, G. H. (1997). Taking Federalism Seriously: Lopez and the Partial- Birth Abortion Ban Act. Conn. L. Rev., 30, 59.
Kreimer, S. F., (1992). The law of choice and choice of law: abortion, the right to travel, and extraterritorial regulation in American federalism. NYUL Rev., 67, 451.