Constitution was a compromise in federalism that gave states baseline power but granted the federal government overriding power in certain areas. The issue of state and federal power was, of course, the crux of debates at the founding of our nation. The recent court decision limiting the power of the Environmental Protection Agency to make sweeping regulations on emissions serves as another example of the shifting foundations on which federal power is based. The Supreme Court's recent decisions would appear likely to increase the focus on the power of the states versus the power of the federal government. This seems to have been the assumption of the court, who in the penultimate paragraphs of the Dobbs decision say, "The Constitution does not prohibit the citizens of each state from regulating or prohibiting abortion." Are States Becoming More Powerful?Ĭertainly, the states are where the action is today on a number of key policy and values issues - including not only abortion, but also gun control, marijuana, healthcare, and most recently the way in which schools teach about racism, gender theory and sexual orientation. Long active in passing abortion legislation, many states have accelerated that activity in anticipation of the Supreme Court decision. Instead, the focus has mainly been on the 50 states of the union. But with a divided Congress, such national laws appear unlikely at this juncture. It is possible that the voice of the people and their elected representatives could be heard through abortion laws passed at the national level - either allowing or banning abortion. Wade by saying that decisions on abortion would now be returned "to the people and their elected representatives." This raises the question of which elected representatives. Supreme Court concluded its recent ruling overturning Roe v.
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