otorhinorrhea wrote:
How do you see the 9 and 10 amendments supporting the proverbial “right to privacy”…..there is no such thing.
Just because a right isn't enumerated (listed) in the Bill of Rights, doesn't mean it doesn't exist. According to the founding ideals of the U.S., as indicated by the Declaration of Independence, rights come from either nature or God (Jefferson was smart to include both believers and non-believers). As such, as he states, these rights are inalienable - in other words, indisputable and irrefutable. He writes that "among these" are life, liberty and the pursuit of happiness. But note that this means that there are other inalienable rights as well, such as the right to privacy, the right to property (which was included in an early draft of the Declaration in the place of "pursuit of happiness"), etc.
What this means is that if laws take away these inalienable rights - even if they're not listed in the Bill of Rights - those laws can be considered unconstitutional by way of the 9th and 10th Amendments (the two of which, in short, establish that the government cannot take away rights just because those rights are not specifically listed in the Constitution and that the federal government is granted specific powers by the Constitution, but that all other powers are retained by the states or by the people themselves, respectively). Thus if the congress passes some anti-terrorist law that allows the FBI to wiretap without a warrant, for example <ahem>, then it could be considered unconconstitutional, even though "right to privacy" isn't specifically listed in the Bill or Rights.
otorhinorrhea wrote:
By definition the judicial branch determines if the laws created by the legislative branch and implemented by the executive branch are in line with the undying rights/rules laid down in the constitution. Everything that is legal or illegal is supposed to be interpretable in the constitution, and those interpretations are passed down by the judiciary (by the way the judiciary does not make law, but yes it is their job to interpret the laws created by the legislature or viable and legal.
Actually, the U.S. Constitution does not in any way establish the idea that the judicial branch, or the Supreme Court, should interpret the constitutionality of our laws. The idea that the Supreme Court has the power to declare an act, or law, of Congress as "unconstitutional" was actually established by Chief Justice Marshall in 1803 - approximately 16 years after the Constitutiona was written.
History of the Marshal court:
http://www.supremecourthistory.org/02_h … 2_c04.htmlTranscript of the US Constitution (see Article III)
http://www.archives.gov/national-archiv … cript.htmlotorhinorrhea wrote:
As for Roe v Wade, I also support it, but I disagree it is easy to see how it can be constitutionally based, i.e. the converse idea being all Americans have rights (the question is when are you a person and not a fetus)…..
The problem with allowing abortion is that any point that we choose for when an abortion is okay, and when it's not okay, is arbitrary. In other words, when does a developing baby become a
person whose
life and liberty are protected? Is it at birth? Is it at 8 months of being in the womb? 7 months? 3 months? 1 month? At conception (i.e. when the egg is fertilized)? When the fetus starts to move? When the fetus' first brainwaves begin? In short, when does "life" begin? And before you answer this, are you sure?
And I do not argue this from a religious standpoint (I'm an agnostic). I simply see this as an issue of human rights, but not, as many see it, as an issue of the rights of the mother. Instead I see it is an issue of exactly WHEN the rights of the baby should be recognized. In my mind we should, as a society, err on the side of life, and should therefore say that life and the rights of the human begin at conception.
Bob.