Re: Pro-Life is Liberterian
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the court simply states that it is unconstitutional for a government to MANDATE what a person can do with their own body. How is this legislating?
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Because the Constitution was designed to restrict the federal government, not the state governments.
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Remember those who wish to say Roe v Wade is unconstitutional are stating that the constitution gives us NO RIGHT TO PRIVACY!! We are not just talking about abortion here.
I can think of nothing more closely tied to liberty than privacy.
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Complete BS. Roe v. Wade is unconstitutional, but there is definitely a right to privacy. The reason RvW is unconstitutioanl is because it restricts the states and the Constitution simply doesn't restrict the states in this way. If there had been a federal law banning abortion and the Supreme Court rules that unconstitutional, they would have been correct.
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First, maybe you should brush up on the 10th amendment. The states have power that is neither prohibited by the constitution or handed to federal.
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Exactly.
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The court says that right of privacy is being infringed upon by State LAW banning abortion, this is PROHIBITED by the constitution.
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Please point out the section of the Constitution that prohibits the states from violating rights.
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I love your question begging, instead of pointing out the obvious, I will ask you to please reread previous post.
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In other words, you can't point out where in the Constitution this is said.
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Seriously, do you ever think, or do you enjoy being an intagonist to much?
Please read the 10th Amendment you stooge. The States cannot MAKE ANY LAW THAT THE CONSTITUTION PROHIBITS!!!!!!!
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I KNOW AND I'M ASKING YOU WHERE DOES THE CONSTITUTION PROHIBIT STATES FROM MAKING THIS LAW?
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Michigan can not legislate that all citizens of its state will be Mormans, because this is prohibited by the constituion because it infringes the freedom of religion of its citizens.
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Really? Where does it say this?
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14th Amendment
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No, it doesn't. The courts certainly use the 14th Amendment to rationalize their decisions, just like they use the Commerce Clause, but their made up justifications for this are absurd and obvious. It's very blatant "lawyering".
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???? Seriously do you just say things you want to be true, and assume that makes it so.
Here From Wikipedia
The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments (known as the Reconstruction Amendments), first intended to secure rights for former slaves. It includes the Due Process and Equal Protection Clauses among others. It was proposed on June 13, 1866, and ratified on July 28, 1868.[1] It is perhaps the most significant structural change to the Constitution since the passage of the United States Bill of Rights. The amendment provides a broad definition of national citizenship, overturning the Dred Scott case, which excluded African Americans. It requires the states to provide equal protection under the law to all persons (not only to citizens) within their jurisdictions , and was used in the mid-20th century to dismantle legal segregation, as in Brown v. Board of Education. Its Due Process Clause has driven much important and controversial case law regarding privacy rights, abortion (see Roe v. Wade), and other issues.
The other two post-Civil War amendments are the Thirteenth Amendment (banning slavery) and the Fifteenth Amendment (banning race-based voting qualifications). According to Supreme Court Justice Noah Swayne, "Fairly construed, these amendments may be said to rise to the dignity of a new Magna Carta."[2]
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