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

To: OnTheDress; PatrickHenry
liberal construction with respect to our rights,
So does that mean that there is a right to abortion to be found in there?

One might construe it means there is a right to abortion, gay marriage, incest, unfettered drug use, or any number of other individual "personal rights" that 5 justices can agree to liberally construct, if PH's words are to be taken literally and liberally in this case. PH, is that what you are implying? Or would you construct the Tenth Amendment's reservation to the States or to the People to mean that State governments can rightly decide how to legislate on these issues.

6 posted on 07/06/2005 11:58:00 AM PDT by VRWCmember
[ Post Reply | Private Reply | To 4 | View Replies ]


To: VRWCmember

"One might construe it means there is a right to abortion, gay marriage, incest, unfettered drug use, or any number of other individual "personal rights" that 5 justices can agree to liberally construct, if PH's words are to be taken literally and liberally in this case"

It "means" that such things are left to the states or the people to decide. It's not Federal, in other words.


9 posted on 07/06/2005 12:08:32 PM PDT by RegulatorCountry (Esse Quam Videre)
[ Post Reply | Private Reply | To 6 | View Replies ]

To: VRWCmember; PatrickHenry

I think I was taught that it was the Congress who makes
up the laws (rules) and that the SCOTUS is to give the
laws a thumbs up or down on whether the law was
constitutional or not when challenged. And at most, to
give the Congress advise as to what would be Constitutional
if the law were written differently.


14 posted on 07/06/2005 12:20:57 PM PDT by Cyber Ninja (His legacy is a stain on the dress.)
[ Post Reply | Private Reply | To 6 | 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