Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: P-Marlowe

You’re right, I see. But you probably also noticed that he also saw it as constitutional. They’re normally more politic than to call another justice or his prose “silly.” But White didn’t hold back much when commenting on Roe—”raw judicial power” is pretty pungent.


104 posted on 03/25/2010 2:11:44 PM PDT by Mach9 (.)
[ Post Reply | Private Reply | To 103 | View Replies ]


To: Mach9
But you probably also noticed that he also saw it as constitutional.

It was a wobbler. I think White fell on the wrong side of the issue on that one, but then he had just come off a series of decisions that had robbed every American of most of the Liberty that our founders had fought so hard to give us. At that time the Courts were rubber stamping just about every law that came out of Congress based on the alleged plenary powers of congress under the Interstate Commerce Clause.

This law was so minor compared to some of the Congressional laws which had limited our freedoms (indeed this law was not even being enforced in Connecticut), it was just used as a ruse to push for this "right of privacy" that Douglas was determined to later use to give him the authority to overturn abortion restrictions (which are clearly NOT silly laws).

That is why it would be so delicious to use Griswold to overturn this Health Care monstrosity.

If the ACLU protected the second amendment right as vigorously as they have this alleged right to an abortion, gun ownership would be mandatory.

105 posted on 03/25/2010 3:38:05 PM PDT by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
[ Post Reply | Private Reply | To 104 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


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