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Constitutional basic issue, for the right especially

diz

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Agreed and the supreme court takes the same position in that they typically apply 3 different standards of review, with the most stringent "strict scrutiny" being applied when a law potentially infringes upon a "fundamental right" such as those contained in the bill of rights. Not sure that's exactly how the framers intended it to work, but then again, they didn't even specifically articulate that the supreme court would be the ultimate arbiter of what is or is not constitutional. That took Marbury v. Madison in 1803.

This is a completely recursive argument.

In Marbury v. Madison the court ruled the court gets to rule. If the court doesn’t get to rule we should ignore Marbury v. Madison as a judicial overreach. Certainly the case for judicial review could have been made clearer in the Constitution if that was always the intent. One wonders why it wasn’t.

That said, since many of the people who wrote the Constitution were still around at the time and didn’t seem to object too strenuously, I generally think most of the founders did view the court as a last bulwark against an overreaching Federal government exceeding it’s few defined powers. A task at which the USSC has clearly failed. However, I think they’d view a court that strikes down federal government overreach and preserves individual liberty materially differently than a court which substitutes its opinions for those of the elected branches of government by divining the presence of penumbras and emanations in the Constitution.
 

Athanasius68

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See the Ninth Amendment:



So the idea that the word "abortion" must be in the Constitution to be legal is complete nonsense that everyone with a high school diploma knows is not true.

In Roe vs. Wade, this amendment was part of the ruling in favor of Norma McCorvey.

The issue isn't whether abortion can be made legal, the issue is whether it's a constutional right.
The 9th amendment indicates the decision should rest with the states.
 

Hampton86

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The issue isn't whether abortion can be made legal, the issue is whether it's a constutional right.
The 9th amendment indicates the decision should rest with the states.
Bunch if highly experienced lawyers on the SC disagreed with you

They probably have more credibility than the trailer park lawyers
 

Athanasius68

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Bunch if highly experienced lawyers on the SC disagreed with you

They probably have more credibility than the trailer park lawyers

Which probably explains why the general legal consensus is that Roe v Wade was one of the worst reasoned decisions of SCOTUS in its history.
Probably also explains why the OP is trying an 'originalist' justification for it.
 

Hampton86

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Which probably explains why the general legal consensus is that Roe v Wade was one of the worst reasoned decisions of SCOTUS in its history.
Probably also explains why the OP is trying an 'originalist' justification for it.
Not sure that the general legal consensus is that R v W is poorly reasoned. Any support for that?
 

Patriotic Voter

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The issue isn't whether abortion can be made legal, the issue is whether it's a Constitutional right.
The 9th amendment indicates the decision should rest with the states.

That was exactly my point. Abortion obviously is a constitutional right.

The 14th Amendment enumerates it according to the Supreme Court.
 
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