Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: DJ MacWoW; EternalVigilance; kingattax
Let's get real.

This man's legal argument is not really about abortion.

The argument this man is making is that the entire foundation of enforceable SCOTUS rulings is wrong. He is arguing that SCOTUS and all lessor courts do not have the authority to interpret laws, their meaning and their constitutionality.

In his thinking, he, or someone else would decide what laws mean. That is a dictatorship. If it was Congress, Pelosi and Reid would be deciding what you could read, travel, do business, what was a crime, etc.

He also makes the foolish ultra-strict constitutional constructionist argument. This is very dangerous as well. For example, the first amendment guarantees “Freedom of the Press.” But what guarantees freedom of expression on Radio and TV? What guarantees us freedom of expression on FR? The Courts have held that Freedom of the Press means freedom in the media that were not in place when the 1st Amendment was passed, because, after all, radio, TV and the Internet do not use presses!

What in the Constitution allows for the regulation of aircraft, the broadcast airways, cars, trucks, and so much more? What about Brown v. the Board of Education? All these are not addressed in the Constitution, but are subject to rulings of SCOTUS.

It all boils down to the reality that someone must make decisions, and when they are made, they must be enforceable. In our system, that is the courts. Can you imagine if that power was vested today in the Executive (Obama) or Legislature?

Although he can argue the point all he wants, and be as right as he wants to be on the issue of Roe v. Wade and abortion in general, he is very wrong that SCOTUS rulings are not the law of the land.

32 posted on 02/09/2010 6:47:08 AM PST by MindBender26 (Prezdet Obama is what you get when you let the O.J. jury select a president !)
[ Post Reply | Private Reply | To 30 | View Replies ]


To: MindBender26
For example, the first amendment guarantees “Freedom of the Press.” But what guarantees freedom of expression on Radio and TV?

The First Amendment:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

What in the Constitution guarantees the right to an abortion?

33 posted on 02/09/2010 6:54:05 AM PST by DJ MacWoW (Make yourselves sheep and the wolves will eat you. Ben Franklin)
[ Post Reply | Private Reply | To 32 | View Replies ]

To: MindBender26
he is very wrong that SCOTUS rulings are not the law of the land.

How can they be "the law of the land"? The legislative branch is the only branch empowered to make laws. And the executive branch is the only branch empowered to enforce them.

35 posted on 02/09/2010 7:09:11 AM PST by EternalVigilance (TATBO - "Throw All The Bums Out")
[ Post Reply | Private Reply | To 32 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson