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O Canada!; It seems to work
Topic Started: Aug 15 2016, 08:24 PM (1,056 Views)
Berton
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ImaHeadaU
Aug 17 2016, 01:23 AM
Berton
Aug 16 2016, 07:32 PM
"allowing women the right to privacy regarding their decision whether or not to have an abortion"


So you say. Show me where in the Constitution it explicitly says that.

I already have but if you are too lazy to read the U.S. Constitution, I'll quote it for you.

Quote:
 
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Amendment XIV Section 1

That says nothing about abortion. Try again.

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ImaHeadaU
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Berton
Aug 17 2016, 09:33 AM
That says nothing about abortion.
Indeed, "abortion" isn't mentioned in the U.S. Constitution at all. However in Roe v Wade a Texas abortion law was under challenge as unconstitutional. The Supreme considered arguments on both sides and concluded that particular law was unconstitutional based on its lack of due process. They read the law and the Constitution and found that law fell short of Constitutional guaranties.

Roe v. Wade

Their decision begins on Page 103. For me the crucial bits begin on Page 117.

Enjoy the read.
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Berton
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ImaHeadaU
Aug 17 2016, 11:34 AM
Berton
Aug 17 2016, 09:33 AM
That says nothing about abortion.
Indeed, "abortion" isn't mentioned in the U.S. Constitution at all. However in Roe v Wade a Texas abortion law was under challenge as unconstitutional. The Supreme considered arguments on both sides and concluded that particular law was unconstitutional based on its lack of due process. They read the law and the Constitution and found that law fell short of Constitutional guaranties.

Roe v. Wade

Their decision begins on Page 103. For me the crucial bits begin on Page 117.

Enjoy the read.

When judges deviate from the Constitution they are considered legislating from the bench. It makes no difference if they are liberal or conservative. However, most of the time it is liberal judges who think the Constitution is obsolete and therefor they must correct what they see as defects in society and deviate from the Constitution to do so.
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ImaHeadaU
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Berton
Aug 17 2016, 09:31 PM
When judges deviate from the Constitution they are considered legislating from the bench.
The Supreme Court never deviates from the Constitution. However, they occasionally interpret parts of it in ways with which we disagree.
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Neutral
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Ima is getting to be almost as big a game player as Colo.
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colo_crawdad
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Neutral
Aug 17 2016, 09:52 PM
Ima is getting to be almost as big a game player as Colo.
And, I am accused of mirroring your posting, Neutral.
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Berton
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Berton
Aug 17 2016, 09:31 PM
ImaHeadaU
Aug 17 2016, 11:34 AM
Berton
Aug 17 2016, 09:33 AM
That says nothing about abortion.
Indeed, "abortion" isn't mentioned in the U.S. Constitution at all. However in Roe v Wade a Texas abortion law was under challenge as unconstitutional. The Supreme considered arguments on both sides and concluded that particular law was unconstitutional based on its lack of due process. They read the law and the Constitution and found that law fell short of Constitutional guaranties.

Roe v. Wade

Their decision begins on Page 103. For me the crucial bits begin on Page 117.

Enjoy the read.

When judges deviate from the Constitution they are considered legislating from the bench. It makes no difference if they are liberal or conservative. However, most of the time it is liberal judges who think the Constitution is obsolete and therefor they must correct what they see as defects in society and deviate from the Constitution to do so.


ImaHeadaU
Aug 17 2016, 09:50 PM
Berton
Aug 17 2016, 09:31 PM
When judges deviate from the Constitution they are considered legislating from the bench.
The Supreme Court never deviates from the Constitution. However, they occasionally interpret parts of it in ways with which we disagree.


When they make law about subject which are not in the Constitution they are deviating from the Constitution as they did in Roe vs Wade.



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ImaHeadaU
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Berton
Aug 17 2016, 10:11 PM
When they make law about subject which are not in the Constitution they are deviating from the Constitution as they did in Roe vs Wade.



1. The Supreme Court never makes law.

2. When a lower court decision is appealed to the Supreme Court based on a law being unconstitutional and the Supreme Court decides whether or not that law is unconstitutional, the Supreme Court is simply doing its job.
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Berton
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ImaHeadaU
Aug 17 2016, 10:38 PM
Berton
Aug 17 2016, 10:11 PM
When they make law about subject which are not in the Constitution they are deviating from the Constitution as they did in Roe vs Wade.



1. The Supreme Court never makes law.

2. When a lower court decision is appealed to the Supreme Court based on a law being unconstitutional and the Supreme Court decides whether or not that law is unconstitutional, the Supreme Court is simply doing its job.
I understand that is your OPINION. When judges deviate from the Constitution they are considered legislating from the bench. It makes no difference if they are liberal or conservative. However, most of the time it is liberal judges who think the Constitution is obsolete and therefor they must correct what they see as defects in society and deviate from the Constitution to do so.
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Neutral
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And the game continues.
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