The passage of anti-abortion laws in states like Alabama, Ohio, and Missouri has elicited the predictable response from Democrats as they look for ways to safeguard the practice of terminating unborn babies’ lives. In their bid to stymie the pro-life agenda, Dems are actively seeking ways to reverse the progress already being made to save children.
Georgia for its recent pro-life legislation. But Democratic presidential candidate Senator Kamala Harris (D-CA) made an extreme proposal designed to reign in states whose legislators decide to pass laws against abortion. If her suggestion becomes a reality, it may not only endanger the pro-life movement, it could also grant excessive power to the office of the president.
Kamala Harris’ Plan
In an appearance on MSNBC, Harris commented on the recent backlash against progressives’ extreme pro-abortion push in New York and Virginia. She stated that she is willing to take drastic action against states that pass pro-life laws if she comes to occupy the Oval Office. “I am going to put in place and require that states that have a history of passing legislation that is designed to limit a woman’s access to reproductive health care, that those laws have to come before my Department of Justice for a review and approval,” she said.
Sen. Harris: "I am going to put in place and require that states that have a history of passing legislation that is designed to … limit a women's access to reproductive health care, that those laws have to come before my Department of Justice for a review and approval." pic.twitter.com/Fi3bVbk0La
— MSNBC (@MSNBC) May 29, 2019
Harris is suggesting that she should get to decide which legislation a state can pass, despite the will of the voters. These states would have to prove, to her satisfaction, that their proposed legislation does not violate constitutional rights. It is not hard to predict how this plan would turn out, is it? Harris is about as likely to greenlight restrictions on abortion as Rep. Alexandria Ocasio-Cortez (D-NY) is to express a coherent thought.
But the question is: Can a president actually impose this type of policy?
If, by some bizarre happenstance, Harris were to become president and attempt to push legislation endowing her with authority to determine which types of laws are acceptable at the state level, it would likely be quickly rejected by Congress, assuming that Republicans retain control of at least one chamber. But there is no guarantee that the GOP will achieve power in Congress, in which case the matter would be up to the Supreme Court to decide.
Liberty Nation’s Scott Cosenza, a constitutional lawyer, commented on Harris’ plan:
“Senator Harris states that she may unilaterally install a presidential check on state lawmaking ability. It boggles the mind to think she believes she can successfully and fundamentally alter the relationship between the states and the federal government so radically. Could President Trump require states with pro-choice legislation submit it to him for approval first? It’s simply ridiculous to suggest. The relationship between the states and the federal government is controlled by our constitution, and there is no provision in it allowing anything of the sort suggested here. The powers of the president are also defined in the constitution, and as we know, such powers are not discussed there.”
With Neil Gorsuch and Brett Kavanaugh now on the Supreme Court, it is not likely that a law granting this type of power to the executive branch would be deemed constitutional. But the notion that a presidential candidate would even put forth an idea such as this should give Americans pause.
Harris is essentially attempting to give the White House supreme power over the ability of states to choose their laws, and it is difficult to view this as anything less than an abuse of power. She may not win her party presidential nomination or the 2020 election, but it doesn’t seem farfetched to think that other Democrats would adopt a similar idea. If the progressives get their way, it could take the country that much closer to tyranny.
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