This just in from Dr. Vito Caiati:
I am wondering if you have been following the ongoing, intense debate on the GOP platform that has taken place on X and in several conservative online journals, which was ignited by Edward Feser and other social conservatives, who are strongly critical of the removal of long-standing planks supporting a national ban on abortion and in favor of the traditional definition of marriage, viewing both as fundamental capitulations to the increasingly hegemonic secular ideology of the Left. (Feser on X: “The Left will force us into the catacombs, while the Right will tell us that going into the catacombs voluntarily is the most politically realistic way to keep the Left from forcing us to go there”).
Yesterday, Feser posted a short piece on his blog, “Now is the time for social conservatives to fight,” that references his tweets on X and several articles on this matter (https://edwardfeser.blogspot.com/). I think what we are seeing here is the populist nature of the MAGA movement, headed by Trump, ever more openly differentiating itself from the traditional conservatism of the GOP, and I am curious to know your thoughts about this leftward cultural shift. I myself think that Feser makes some excellent points and see no reason for him and others not to fight for their moral and social ideals within the party, but also that, given the grave crisis of the nation, these do not justify any hesitation about aggressively supporting Trump/Vance.
We've discussed this before, Vito. See, for starters, Abortion and Last Night's GOP Debate (24 August 2023). There I wrote:
The overturning of Roe v. Wade returned the abortion question to the states. That means that each state is empowered to enact its own laws regulating abortion. Some states will permit abortion up to the moment of birth. Others will not. Different states, different laws.
What then are we to make of Mike Pence and Senator Tim Scott and their call for a Federal law that bans abortion (apart from the usual exceptions) during the last 15 weeks of pregnancy?
Am I missing something? (When I write about political and legal issues, I write as a concerned citizen and not as an expert in these areas.) It strikes me as obvious that if the abortion issue is for the states to decide, then there cannot be any federal abortion laws.
[. . .]
The precise question is: How is a federal abortion restriction consistent with the states' right to decide the abortion laws? ND Governor Doug Burgum alone seemed to understand the problem, but his fleeting remark failed to set it forth clearly.
The answer to the precise question is that the federal restriction is not consistent with states' rights. It is unconstitutional.
This is not a very satisfying answer given that abortion is a moral abomination. (See my Abortion category for arguments.) But arguments, no matter how good, cut no ice in the teeth of our concupiscence. This is explained in my Substack article, Abortion and the Wages of Concupiscence Unrestrained.
In the Comments, you agreed with me:
Vito's comment above is a model of how a good comment is constructed.
Note that he deals directly with the question I raised. He does not go off on a tangent, or change the subject to a topic that interests him but is not germane to my entry. He engages what I said and he lets me know whether he agrees or disagrees. As it is, he agrees.
He then supplements what I said in two ways. He points out the relevance of the Tenth Amendment to the question I posed. That had occurred to me, but I failed to mention it. Governor Burgum alluded to it near the end of that segment of the debate when he whipped out his pocket Constitution.
But what I found most useful in Vito's comment is his explanation of the confusion of Pence and Scott. Vito: >>Specifically, they seem to interpret the phrase “returned to the people and their elected representatives” as one that permits the federal legislature, the Congress, to establish a national ban on abortion during the last 15 weeks of pregnancy, save for unusual cases.<<
So the mistake that Pence and Scott made was to confuse the people of the U.S. with the people of a particular state. Here is 10A again: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Now I don't think one has to be a Constitutional scholar to know what that means. "The people" refers to the people of a given state, such as North Dakota or Massachusetts, not to all the people of the U.S.