Babies Cry out to be Born

Congress is not the sole consciousness or the final and only protector of our God-given rights. The states are sovereign entities that have just as much right to speak up for the rights of the unborn as any other branch of the federal system. In fact the question of overseeing equal protection of the laws belongs to the states.

In 1859 the Wisconsin Supreme Court said:
"Resolved, That the government formed by the Constitution of the United States was not the exclusive or final judge of the extent of the powers delegated to itself; but that, as in all other cases of compact among parties having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress. That the several states which formed that instrument, being sovereign and independent, have the unquestionable right to judge of its infractions; and that a positive defiance of those sovereignty's, of all unauthorized acts done or attempted to be done under color of that instrument, is the rightful remedy."

50 individual sovereign states share a big stake in protecting and serving to insure that all Americans, including the tiny unborn human beings, have a voice in their legislator. They are not yet born but they deserve a stronger voice than they've been getting from state lawmakers.

When the states joined in convention in 1787 they produced the federal system (central government). Federalism was born when the 9th state ratified the Constitution and this new system was on its way. http://www.usconstitution.net/rat_nh.html in 1789.

Regarding the issue of abortion the states had laws criminalizing it. In 1974 Richard Nixon's nominee ( Harry Blackmun) of the Supreme Court thrust the federal government into this clearly state issue with Roe v.Wade. http://en.wikipedia.org/wiki/Harry_Blackmun

What can a state legislature do to remedy this issue and stop the killing of unborn children? And what can Congress do to check the courts?

The state legislatures can petition Congress via a resolution or memorial calling on Congress to use its powers under Article III, section 2 to "regulate" the jurisdiction of the lower courts in the matter of abortion.

Getting Congress's attention is step one and if 30 or more states did so the tide would turn from congressional apathy in using Article III, section 2 to rescue the unborn from abortion labs to action by Congressmen to interpose on behalf of the unborn.

The clause reads: "..the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the supreme [C]ourt shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make."
{ added emphasis}.

In other words, Congress can take away the lower courts' power to rule on abortion by a simple majority vote in Congress or an override of a presidential veto. The long arduous road of a constitutional amendment would not even be necessary if Congress would just realize the power they have at hand to stop the human death toll in the womb.

As your state legislator I will use the voice of the tenth amendment to the Constitution to be that voice in Santa Fe to champion their God-given rights to live, cry out their joy to be born and to be allowed to grow up as free Americans.