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To: Reaganwuzthebest
The current Supreme Court has done more to obliterate the Constitution then probably any in the country's history.

Okay, you added "probably".

I was going to suggest that the courts during Roosevelt's terms, as a fundamental change in the scope of government occurred during that time.

Previous courts for the most part tended to find rights that didn't exist as in Roe v Wade, this one is spending its time stripping our fundamental rights away.

Bad reasoning in that case, to claim rights "emanating from penumbras" and all that.

Sounds like somebody did too much peyote and too little reading of the Constitution and Bill of Rights.

And don't start off about "rights that didn't exist".

It never ceases to amaze me how so many social conservatives are strict constructionist/federalists and proclaim that the entire purpose of the Constitution and Bill of Rights was to limit the proper role of government by enumerating a list of powers and activities that were the only things that the federal government was allowed to do-- until they get to Roe v. Wade--

And then their position stands on its head!

They talk about "rights that don't exist" which implies that the Constitution and Bill of Rights enumerate the rights of the people to the exclusion of all others-- and if a right isn't listed, then the people don't have it.

I've even heard Limbaugh do this.

That misconception was one of the reasons prompting opposition to a written Bill of Rights- that it would be construed as exclusive rather than inclusive.

1. The rights were always there. (Amendments 9 and 10)

2. The Constitution references "persons born".

And, as a footnote, my own personal opinion is that Roe v. Wade should be overturned because it's badly reasoned-- were this to happen, then the question of abortion should properly revert to a matter to be decided by each state.

4 posted on 06/25/2005 7:59:12 AM PDT by George Smiley (This tagline deliberately targeted journalists.)
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To: George Smiley
In terms of what is meant by what "rights" exist or don't exist in the Constitution is defined only by the role government has in limiting them through legislation. Free speech may be a God-given right we're all entitled to regardless but since man is easily corrupted by power the Founders had to put it in writing to make sure Congress would understand that fundamental principle and not infringe upon it.

When it comes to Roe v Wade there is no written protected right to an abortion that would prevent Congress or state legislatures from prohibiting it. The Supreme Court in effect found one.

They talk about "rights that don't exist" which implies that the Constitution and Bill of Rights enumerate the rights of the people to the exclusion of all others-- and if a right isn't listed, then the people don't have it.

Again that's the whole purpose of the Bill of Rights and the Constitution in general, it clearly spells out where Congress can and cannot go legislatively. We don't have a right to do whatever we please, there has to be laws we're governed by otherwise we end up with chaos. If something isn't listed that we as individuals and as a society believe we're entitled to but legislators deny anyway then it's our right and duty to vote them out.

6 posted on 06/25/2005 9:10:30 AM PDT by Reaganwuzthebest
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