Well, the writers of the Constitution could not cite the Constitution before they wrote it. It did not exist, yet. They could only state their understanding of law that existed for hundreds of years leading up to the Constitution. That should be obvious.

Since the federal Constitution is silent on the issue, it is not a federal power. However, Roe v. Wade said that it is also not a state power, because it is a fundamental right. Fundamental rights are above the government (whether state or federal). That is the point of a constitutional republic (not a democracy).

Therefore, we are talking primarily about fundamental rights. That makes it a philosophical debate.

Well, the writers of the Constitution could not cite the Constitution before they wrote it. It did not exist, yet. They could only state their understanding of law that existed for hundreds of years leading up to the Constitution. That should be obvious.

Since the federal Constitution is silent on the issue, it is not a federal power. However, Row v. Wade said that it is also not a state power, because it is a fundamental right. Fundamental rights are above the government (whether state or federal). That is the point of a constitutional republic (not a democracy).

Therefore, we are talking primarily about fundamental rights. That makes it a philosophical debate.