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fort stems from doubts about constitutionality, Hatch says, "Although I
disbelieve in indiscriminate abortion in this country, I believe that the Con-
stitution is the most important political document in the world." 4 For
Hatch, it is impermissible to pursue a prohibition on abortion at the ex-
pense of what he has termed "sound constitutional principles." It need
hardly be added that there are differences of opinion over what are "sound
constitutional principles."

Still another example is provided by the behavior of former Secretary of
Health, Education, and Welfare Joseph Califano, who was responsible for
regulations issued in 1978 to implement some ambiguous language in the
Hyde amendment. Califano had stated at his confirmation hearing without
qualification that "Federal funds are not appropriate for it, to use Federal
funds for an abortion, for women rich or poor." But a year later, Califano
said, "My personal views are of no relevance to the legal duty of interpret-
ing what Congress intended and writing regulations that embody that in-
tent." 5 In the event, Califano put his interpretation of congressional intent
ahead of his views on abortion. The regulations he approved tilted--within
the narrow limits allowed--toward maximizing the abortion possibility.

One more example is provided by Representative Robert Michel, now
Republican leader of the House of Representatives. Five years after Roe v.
Wade
established national abortion policy, Michel shied away from a con-
stitutional amendment to overturn Roe because it conflicts with his view of
what belongs in the Constitution: "I personally happen to be one of those
individuals who does not like to see our Constitution cluttered up with
amendments for busing, for abortion, for booze, or anything else of that
nature." 6 Califano, as secretary of HEW, took a similar position: "It does
not make any sense that we run to the Constitution on abortion. . . . We
have to stop running to the Constitution to solve all of our problems." 7

A final example is seen in Senator Jake Garn's resignation from the
advisory board of the National Pro-Life Political Action Committee in

____________________
4 The Human Life Bill, Hearings before the Subcommittee on Separation of Powers of
the Senate Committee on the Judiciary, 97 Cong. 1 sess. ( Government Printing Office, 1982),
p. 4.
5 Nominations of Joseph A. Califano, Jr., and Laurence N. Woodworth, Hearings be-
fore the Senate Committee on Finance, 95 Cong. 1 sess. ( GPO, 1977), p. 5; and New York
Times
, January 27, 1978.
6 Departments of Labor and Health, Education, and Welfare Appropriations for 1979,
Hearings before a Subcommittee of the House Committee on Appropriations, 95 Cong. 2 sess.
( GPO, 1978), pt. 2, pp. 77-78.
7 Nominations of Joseph A. Califano, Jr., and Laurence N. Woodworth, p. 25.

-7-

Questia, a part of Gale, Cengage Learning. www.questia.com

Publication Information: Book Title: The Abortion Dispute and the American System. Contributors: Gilbert Y. Steiner - editor, Lawrence M. Friedman - author, Roger H. Davidson - author, G. Calvin Mackenzie - author, John E. Jackson - author, Maris A. Vinovskis - author, Cynthia E. Harrison - author. Publisher: Brookings Institution. Place of Publication: Washington, DC. Publication Year: 1983. Page Number: 7.
    
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