Tuesday, October 19, 2010

Since the decision to not have a baby clearly impacts both national defense and the health of our economy, it is obvious that under the Commerce Clause Congress can regulate abortion, and ban it. Right?

I'm pretty sure that little argument is a heck of a logical fork. Goes for contraception as well, as far as I can see.

1 comment:

Megan said...

One would think, since the Commerce Clause is used to regulate interstate commerce. National defense and health of the economy could certainly be viewed as having a significant impact on interstate commerce.

Previously, "commerce" had been broadly interpreted. However, the U.S. v Lopez case narrowed the definition of what is considered "interstate commerce" In terms of the other subject matter, our Supreme Court in Griswold v. Connecticut came up with an idea of a "zone of privacy" . It seems that the "zone of privacy" trumphed the Commerce Clause.