h_k_s:
I found out from Greta that the problem is not on your end. Someone is working to fix it. Once it is fixed I think it will be easy to figure out.
There are several issue that the Constitution and/or Bill Of Rights is/are not clear on.
Abortion is one. It is not even mentioned once.
The history of abortion in the U.S. is an interesting one. I found the following interesting.
According to The American Historian (
http://tah.oah.org/november-2016/abolis ... n-america/):
Before 1840 abortion was a widespread, largely stigma-free experience for American women. During that period, the American legal system used the quickening doctrine from British common law to decide the legality of abortion. Quickening occurred when the pregnant woman could feel the fetus move, typically between the fourth and sixth month of pregnancy. This was the only sure way to confirm pregnancy; before this time, any fetus was considered only a potential life. Women most often used herbal concoctions they had learned from other women, healers, or physicians to cure their “obstructed menses” before quickening. Post-quickening abortion was a crime, but only a misdemeanor. Some historians have suggested that laws against post-quickening abortions were primarily intended to protect the health of the pregnant woman—not fetal life—as it was much more common for women to die during abortions that used instruments rather than herbal abortifacients. Whatever the rationale, few abortions were prosecuted before the mid-nineteenth century because quickening was so difficult to prove. Only women themselves could testify to fetal movement.
This system of legal but quiet abortions fell apart in the mid-nineteenth century. The first “right-to-life” movement was not led by grassroots activists, but rather physicians, anxious about their professional status. Before then, physicians had been a largely unregulated bunch, without the institutional or cultural authority to corner the market on healing. In the early nineteenth century, a variety of other healers competed with physicians for business, especially the business of women’s reproductive healthcare. While many physicians believed that scientific medicine would benefit their patients, some, in order to hurt lay healers’ business, sought governmental licensing and regulation to weed out the competition. Physicians used anti-abortion laws, pushed in state legislatures, to increase their own stature and undermine their opponents.
… By 1900 every state had a law forbidding abortion at any stage …
h_k_s:
Gun/Arms is another.
In my opinion, despite all his talk of originalism, Scalia misinterpreted the second amendment. A prime example of judicial activism. I have discussed this on another thread.