Sorry, Lindsey Graham: Congress doesn’t have jurisdiction on abortion

Graham’s bill isn’t especially radical — most European countries actually have stiffer rules, generally cutting off any-reason abortion between weeks 12 and 14.

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But the bill is unconstitutional. Dobbs notwithstanding, Congress lacks the constitutional power to regulate abortion.

That’s not because the Constitution offers special protection for abortion as such. No, there are constitutional limits to how far Congress’ powers go, and those powers don’t go so far as to reach abortion.

It’s often forgotten, but our federal government is not granted the general power to do whatever it wants; it is instead a government of enumerated powers, one allowed to do only things the Constitution specifically authorizes. That document doesn’t let Congress exercise all conceivable legislative powers, only those powers “herein granted” to Congress.

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