Monday’s much-anticipated Palmetto Freedom Forum, held in Columbia, S.C., was an opportunity for the country’s leading anti-gay-marriage group, National
“„George: Would you as president propose to Congress appropriate legislation pursuant to the 14th Amendment to protect human life in all stages and conditions?
“„Bachmann: Yes, I would. I would put forward a human life amendment. And, at the same time, I would do everything within my power to restrict the number of abortions that occurs in the United States. Perhaps no other federal law has done more good for prohibiting abortion than the Hyde amendment. And I would do everything I could to keep out the taxpayer funding of abortion.
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“„George: Because, as I say, some people believe that a constitutional amendment would be needed to overturn Roe vs. Wade, and short of that, the best we can do is put some limitations around the edges and prohibit federal funding, as we have done in the Hyde amendment. But my question goes to a matter of constitutional principle concerning the respective rules of the government. President Lincoln famously said in his first inaugural address that if we permit the policy of the government on matters that are essential to the whole people to be determined simply by the Supreme Court, we will have abdicated our responsibility, handed over self-government to that eminent tribunal, as Lincoln said. So, given the clear mandate of the 14th Amendment, empowering Congress to enforce the guarantee of equal protection, shouldn’t Congress act on that now?
“„Bachmann: Yes, I believe that they should. And it is not only Abraham Lincoln that subscribed to that view. Thomas Jefferson did as well … because Thomas Jefferson understood that, of the three branches of government, the most important was the United States Congress, consisting of the House and the Senate. The second would be the executive, and the third, and a far distance third, was considered the Supreme Court of the United States. If the Supreme Court, by a plurality of the justices, may impose their own personal morality on the rest of the nation, then we are quite literally being ruled by those individuals, as opposed to giving our consent to the people’s representatives.
“„George: And if it meant a confrontation with the Supreme Court, are you prepared for that?
“„Bachmann: Most assuredly.
“„Romney: I would like to see that Supreme Court return to the states the responsibility to determining laws related to abortion, as opposed to having the federal Supreme Court from the bench telling America and all the states how they have to do it. I think that’s the appropriate course. … Now, is there a constitutional path to have the Congress say we’re going to push aside the decision of the Supreme Court and we instead are going to step forward and return to the states this power or put in place our own views on abortion? That would create obviously a constitutional crisis. Could that happen in this country? Could there be circumstances where that might occur? I think it’s reasonable that something of that nature might happen someday. That’s not something I would precipitate.
“„What I would look to do would be appoint people to the Supreme Court that will follow strictly the constitution as opposed to legislating from the bench. I believe that we must be a nation of laws.