We Can End Abortion in Texas: Here is How!
By
James Scott Trimm
The new Texas State Republican Platform for
2018 boldly proclaims concerning abortion:
Abolish Abortion: We call upon the Texas Legislature to enact
legislation stopping the murder of unborn children and to ignore and
refuse to enforce any and all federal statutes, regulations, executive
orders, and court rulings that would deprive an unborn child of the
right to life.
But how can the Texas Legislature enact
legislation abolishing abortion in Texas?
What about Roe v. Wade? Hasn’t
the US Supreme Court ruled that there is a Constitutional right to an abortion?
Well as the platform says, there is a way
for Texas to “to ignore and refuse to enforce any and all federal statutes,
regulations, executive orders, and court rulings, which would deprive an unborn
child of the right to life.” That way
involves reclaiming our Texas Sovereignty, as the 2018 Platform elsewhere states:
State Sovereignty: Pursuant to Article 1 Section 1 of the Texas
Constitution, the federal government has impaired our right of local
self-government. Therefore, federally mandated legislation that
infringes upon the 10th Amendment rights of Texas, should be ignored,
opposed, refused, and nullified. Regulation of Commerce in Article I
Section 8 of the Constitution has exceeded the original intent. All
attempts by the federal judiciary to rule in areas not expressly
enumerated by the United States Constitution should be likewise
nullified. Any federal enforcement activities that do occur in Texas
should be conducted under the authority of the county sheriff. (SCOTUS
Ruling in 1997 Mack-Prinz vs. US)
There are two bills in the Texas Legislature this session, each of which
could be used to end abortion in Texas thru enforcing the Tenth
Amendment: HB 1347 and HB 896.
The State of Texas must nullify this federal court ruling from the US Supreme Court.
The first bill that can do this answer is HB 1347 the Texas Sovereignty Act!
The Supreme Court has become the final
interpreter of the Constitution for one simple reason: because they say they
are. The Supreme Court usurped this
authority, claiming it for itself in 1803 in Marbury v. Madison. Nowhere does the Constitution assign this
role to the Supreme Court, they simply have it because they say they do.
The framers stated that the US Constitution
is a compact between the member states, and that as such, each state has equal
standing in determining for itself the meaning of the Constitution. The tenth amendment states that the states
and the people retain all powers not delegated to the federal government in the
Constitution, and nowhere in the Constitution did the states delegate to any
branch of the federal government the power to be the ultimate and final
interpreter of the Constitution. The
Supremacy Clause never mentions the Supreme court, but appears to indicate that
state judges would make these judgments.(You can read more about the basis for the Texas Sovereignty Act by clicking here)
Surely any law our state passes that reclaims its
sovereignty will be declared unconstitutional by the federal government, since
they have developed their own precedence on the issue. This has been called the Goliad approach to
sovereignty. You surrender to the
authority you were fighting, ask for mercy and are slaughtered in return.
We must simply pass the Texas Sovereignty Act, that, as a matter of enforceable and implemented law, Texas determines for itself whether or not our laws are Constitutional.
This means the federal courts will also have no power to find the Texas Sovereignty Act itself unconstitutional, because the law itself takes that decision out of their hands and places it in those of our state.
This is the only true path to Texas sovereignty. Any effort that leaves the matter ultimately in the hands of federal courts will fail, because they will simply declare it unconstitutional (though their own usurped power to do so is itself unconstitutional).
Yes we can nullify Roe v. Wade in Texas! We must urge Texas Legislature to pass this binding legislation claiming and enacting the right of our state to judge for itself whether a state law is unconstitutional, or whether a federal law, policy, action or ruling is unauthorized or undelegated by the U.S. Constitution.
We must simply pass the Texas Sovereignty Act, that, as a matter of enforceable and implemented law, Texas determines for itself whether or not our laws are Constitutional.
This means the federal courts will also have no power to find the Texas Sovereignty Act itself unconstitutional, because the law itself takes that decision out of their hands and places it in those of our state.
This is the only true path to Texas sovereignty. Any effort that leaves the matter ultimately in the hands of federal courts will fail, because they will simply declare it unconstitutional (though their own usurped power to do so is itself unconstitutional).
Yes we can nullify Roe v. Wade in Texas! We must urge Texas Legislature to pass this binding legislation claiming and enacting the right of our state to judge for itself whether a state law is unconstitutional, or whether a federal law, policy, action or ruling is unauthorized or undelegated by the U.S. Constitution.
Texas State Representative Tony Tinderholt filed a bill (HB 896) in the Texas House that would follow these directives to end abortion in Texas!
The Supreme Court has become the final
interpreter of the Constitution for one simple reason: because they say they
are. The Supreme Court usurped this
authority, claiming it for itself in 1803 in Marbury v. Madison. Nowhere does the Constitution assign this
role to the Supreme Court, they simply have it because they say they do.
The framers stated that the US Constitution
is a compact between the member states, and that as such, each state has equal
standing in determining for itself the meaning of the Constitution. The tenth amendment states that the states
and the people retain all powers not delegated to the federal government in the
Constitution, and nowhere in the Constitution did the states delegate to any
branch of the federal government the power to be the ultimate and final
interpreter of the Constitution. The
Supremacy Clause never mentions the Supreme court, but appears to indicate that
state judges would make these judgments.(You can read more about this by clicking here)
Surely any law our state passes that reclaims its
sovereignty will be declared unconstitutional by the federal government, since
they have developed their own precedence on the issue. This has been called the Goliad approach to
sovereignty. You surrender to the
authority you were fighting, ask for mercy and are slaughtered in return.
Another bill, HB 896 clarifies in the Texas Family Code that personhood and the rights that go along with it begin at fertilization, not birth, and removes contrary definitions throughout Texas statutes. This bill also removes the exemptions from the Penal Code for murder if the person committing the offense is the mother of an unborn child or a physician if the death of the child is the intended result.
Most importantly HB 896 requires that the Texas Attorney General and local governments enforce this law in Texas regardless of any federal action or court rulings, and prohibits the State of Texas from legitimizing any federal court proceedings by making any appearances related to this law in Federal court.
This means the federal courts will also have no power to find HB 896 unconstitutional, because the law itself takes that decision out of their hands.
Another bill, HB 896 clarifies in the Texas Family Code that personhood and the rights that go along with it begin at fertilization, not birth, and removes contrary definitions throughout Texas statutes. This bill also removes the exemptions from the Penal Code for murder if the person committing the offense is the mother of an unborn child or a physician if the death of the child is the intended result.
Most importantly HB 896 requires that the Texas Attorney General and local governments enforce this law in Texas regardless of any federal action or court rulings, and prohibits the State of Texas from legitimizing any federal court proceedings by making any appearances related to this law in Federal court.
This means the federal courts will also have no power to find HB 896 unconstitutional, because the law itself takes that decision out of their hands.
This is how we can finally end abortion in Texas! Remember Goliad!
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