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Of course Congress doesn't have that power because the Supreme Court enforced a moral decision that was in the process of being debated in this country. But if the Supreme Court changes their mind (which is why it is stupid that this was settled by the Supreme Court in the first place) then Congress will have the power and the SC won't have begun forcing a morality on us they'll have just changed which morality they want to force on us.
I don't really have a problem with the decision they made (I think life begins at conception and life gains protections at puberty), I have a problem with the fact that they made it.
There are many federal laws that protect "non persons" (I can't shoot my pet bald eagle by federal law) and it is a big push among segments of those "smart" progressives to extend due process to all kinds of entities that do not traditionally warrant it. And as the scope of due process increases it becomes increasingly awkward to exclude a fetus.
What I am arguing against is that somehow congress or the president could make any decision that is not forcing a morality on the nation.
My view is that, except in his capacity as commander-in-chief, the president should almost never be the one making such decisions. I am very much a proponent of a weak executive.
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