In response to Mr. Bedell’s letter titled, “Abortion Right a Black Mark,” I would like to point out that Mr. Bedell, regardless of his personal thoughts and beliefs on abortion, clearly does not understand how our federal system works.
We do not live in a direct democracy, and one of most powerful and enviable aspects of our federal government is our system of checks and balances, in this case exemplified by the Supreme Court’s power of Judicial Review.
Since the landmark case of Marbury v. Madison, the Supreme Court has interpreted its authority under Article III of the Constitution to include the ability to “check” the power of legislatures if and when they pass laws contrary to rights enumerated in the Bill of Rights.
In the case of Roe v. Wade, the court ruled on the constitutionality of the articles of the Texas Penal Code, otherwise known as the Texas Abortion Laws, passed by the democratically-elected Texas legislature and challenged by “Jane Roe.” As we all know, the court found that the Texas abortion laws infringe upon the inherent “right to privacy” found through a number of the amendments that make up the Bill of Rights.
Without the court’s power of Judicial Review, we as citizens would have no power against the whims of majorities at any legislative level to infringe upon our constitutional rights.
While we may agree or disagree on court decisions (I’m curious what Mr. Bedell would have said if the court ruled against Roe) we cannot deny the authority of the court as a vital and invaluable third of our ingenious federal system. It is precisely because abortion is such an “important” issue that it cannot be left to legislatures or the citizenry directly.
Matthew Moshen
Great Neck
