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Elisabeth Fricker, Fargo, Published March 03 2013

Letter: ND legislation unconstitutional

As a political science student, part of my being is dying inside to see certain members of the North Dakota Legislature forget a simple yet crucial fact with some of the legislation they are proposing: the United States Constitution. In the many stories The Forum has published on the now practically infamous bills on the fate of North Dakota’s one women’s clinic that can perform abortions, one fact has been overlooked, yet is a crucial detail: the complete illegality of this action.

The part of the Constitution that makes the bill questionable is the Supremacy Clause. It basically states that once a federal authority decrees or upholds a law, that decision is then the status quo for the states to follow and cannot contradict the federal law. One can see where states like Arizona got into trouble.

And the law that should prevent North Dakota from enacting the legislation is Roe v. Wade. While many consider the ruling controversial, the irrevocable fact remains that the decision decreed that states could not declare abortion to be illegal in their state. The suggestion of making the bill to gain the Supreme Court’s attention is simply absurd.

To those legislators who proposed the legislation: please re-read the Constitution. And kudos to those who are fighting for a failed passage on these grounds. Thank you for restoring my faith in the political process.