Today is the “birthday” of the judicially manufactured right to abortion. In 1973, the Supreme Court stared hard at the six-pages of the Constitution, and finding nothing on abortion, it drew up an over 70 page opinion explaining the Constitutional right that did not exist in the document. The direct and proximate result of that Constitutional tomfoolery has been the death of an estimated 60 million American babies. At its peak, driven by demographics, Americans aborted as many as 1.5 million American babies each year. The process called “abortion” is too graphic to describe here, but its indisputable definition is the intentional act to end an innocent human life. When we hear about a coarsening of American culture we must start such an examination of that coarsening with our cheapening of innocent American lives. All of this stems from a complete usurpation of the Constitution by a Court that forgot its role and place in our system of federalism.
There is no Constitutional right to abortion. There is no Constitutional prohibition to the right to abortion. At best, abortion is a legal question left for the states. Indeed, the founding principles of our republic repudiate the legality or legitimacy of abortion. At common law, one’s unborn heirs enjoyed rights of inheritance up to 10 months after the passing of the father. Yes, the law recognized the unborn as people with rights in real property – rights about as strong as any at the time. Even our founding declaration set out first and foremost a right to life. Without life … liberty and the pursuit of happiness are irrelevant. Bowing to political pressure, the Roe Court bastardized our Constitution and the Court’s role in upholding it by creating a Federal right that was antithetical to the principle of our Republic and the law on which it was founded.
Roe v. Wade has left a trail of dead children, broken hearts and broken spirits. Many saw the imprimatur of the Supreme Court on abortion as not just a legal green light, but a societal blessing of what was previously a moral death sentence. Seduced by the legality, innumerable women adopted the scientific fraud that unborn children are somehow not children or not human. Abortion on demand became post-pregnancy birth-control. Now, 42 years later, more than a generation is lost. Abortion has not only robbed us of 60 million Americans, it has robbed us of the children of our children and every generation thereafter.
The American genocide gave birth as well to the immigration problems America faces today. It is no surprise that illegal immigration began to spike in the 80’s and has continued since. By the 1980’s, the first of the aborted children of Roe were no longer hitting the work place, and our demographics began to shift. It might be rightfully said that immigrants are doing the jobs aborted Americans might have done.
The effect of the American genocide on immigration, religion, politics, or any policy is a subject worthy of books and not just a single op-ed. It is the effect on our soul and the stain on our moral authority that cannot be questioned. We so devalue life that we kill it when it is at its most innocent and at its weakest. We kill for convenience mostly, for selfishness often and for health reasons almost never. The abortion industry and its profiteers still hold up this false reason for 99% of abortions as the principle reason for its legality. Whatever the reasons for an abortion, it always ends with killing an innocent baby. That act is one that is mighty tough to defend.
Roe v. Wade is the grandmother of a ghost population. It will and should haunt us for eternity. It is a wrongly decided legal decision that has cost a country its soul, its moral standing, and nearly one-fifth of her people. The American genocide is real, and we have to speak up and take responsibility so that we can move forward and take action to stop it. In the streets of America today, the sons and daughters of those who chose life are on the march in support of our lost sisters and brothers. Advocates for life are growing as the moral case for abortion is exposed as a fraud. We will face two judgments for this American genocide; one will be with our maker, and the other will be the judgment of history. The first may grant us mercy, but history will not be so forgiving if we do not act to stop the siege.
Richard Kelsey is an Assistant Dean at George Mason Law School. A former Virginia state court law clerk and commercial litigator, Dean Kelsey was also the CEO of a technology company. He teaches legal writing and pre-trial practice. He is a regular commentator on legal and political issues in print, and on radio and TV. His Twitter handle is @richkelsey.