HR 3541… Statement on Prenatal Nondiscrimination Act ~ Ron Paul



Congressman Ron Paul  Mr.
Speaker, as an Ob-GYN who has delivered over 4,000 babies, I certainly
abhor abortion. And I certainly share my colleagues’ revulsion at the
idea that someone would take an innocent unborn life because they prefer
to have a child of a different sex.

However, I cannot support HR 3541, the Prenatal Nondiscrimination
Act, because this bill is unconstitutional. Congress’s jurisdiction is
limited to those areas specified in the Constitution.

Nowhere in that
document is Congress given any authority to address abortion in any
manner. Until 1973, when the Supreme Court usurped the authority of the
states in the Roe V. Wade decision, no one believed or argued abortion
was a federal issue.

I also cannot support HR 3541 because it creates yet another set of
federal criminal laws, even though the Constitution lists only three
federal crimes: piracy, treason, and counterfeiting. 

All other criminal
matters are expressly left to states under the Ninth and Tenth
Amendments, and criminal laws relating to abortion certainly should be
legislated by states rather than Congress.

I have long believed that abortion opponents make a mistake by
spending their energies on a futile quest to make abortion a federal
crime. Instead, pro-life Americans should work to undo Roe V. Wade and
give the power to restrict abortion back to the states and the people.

It is particularly disappointing to see members supporting this bill who
rightfully oppose ludicrous interpretations of the Commerce Clause when
it comes to the national health care law, which also abuses the
Commerce Clause to create new federal crimes.

Pro-life Americans believe all unborn life is precious and should be
protected. Therefore we should be troubled by legislation that singles
out abortions motivated by a “politically incorrect” reason for special
federal punishment.

To my conservative colleagues who support this bill:
what is the difference in principle between a federal law prohibiting
“sex selection” abortions and federal hate crimes laws?

After all, hate
crime laws also criminalize thoughts by imposing additional stronger
penalties when a crime is motivated by the perpetrator’s animus toward a
particular race or sex.

I also question whether this bill would reduce the number of
abortions. I fear instead that every abortion provider in the nation
would simply place a sign in their waiting room saying “It is a
violation of federal law to perform an abortion because of the fetus’
sex.  Here is a list of reasons for which abortion is permissible under
federal law.”

Mr. Speaker, instead of spending time on this unconstitutionally,
ineffective, and philosophically flawed bill, Congress should use its
valid authority to limit the jurisdiction of activist federal courts and
(thereby) protect state laws restoring abortion.

This is the
constitutional approach to effectively repealing Roe V. Wade. Instead of
focusing on gimmicks and piecemeal approaches, true conservatives
should address the horror of abortion via the most immediate, practical,
and effective manner possible: returning jurisdiction over abortion to
the states.


June 5, 2012 – posted at FromTheTrenchesWorldReport



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