I did not make the argument that Roe did not define when life begins. That statement comes directly from the court's decision that it did not try to define when life begins; instead, it seeks to protect life after viability occurs. You need to actually read the decision (I quoted earlier) and not somebody's interpretation. I have not offered my opinion of Roe, I just stated the facts of the case. Again,the court did not define life beginning at birth because it allows states to prohibit abortion in the final three months.
You are right in that nothing in the Constitution gives the courts the power to interpret the Constitution, the court took that power for itself in Marbury v. Madison. But without that power the legislative and executive branches would be free to pass any law or action they choose without any constitutional authority. Do you want Congress and the president to have such unlimited power?
The Constitution language is not that precise. For example, it says Congress shall make no law infringing freedom of speech. If we take that passage literally there can be no restrictions on speech including threats, slander, obscenity, etc. Is that how you want it interpreted? There is not a word in the Constitution giving the government the power to control immigration. Do you oppose all immigration laws.
We are not still citizens of Great Britain because we won the revolution, remember? It was written before there was a United States government and before the Articles of Confederation which governed us before the current Constitution. If the Declaration is a binding legal document name one right or freedom a person has won based on using the Declaration as the source. It is just a philosophical statement.
As defined by our founders. All Rights can be and are subject to "regulation"....there is no interpretation required. The only method of that regulation is not ambiguous in the least, Regulation is only valid when it complies with the RIGHTS of others to the same. Your right of speech ceases to exist at the threshold when it infringes upon any of the rights of others....as clearly defined in the constitution. The only method of regulation is through republican representation of the PEOPLE et.al., n other words clearly written and defined RULES OF LAW as legislated via the people that do not come into conflict with the standard that calibrates all law.
THE US FREAK'N CONSTITUTION of the United States.....and that is the duty of the courts...to read the Constitution in a verbatim fashion as written and compare those regulations to the words found in the Constitution. When no words exist that place limits upon such a law within the Constitution. THE STATES/PEOPLE reserve the right to draft law as it sees fit at both the state and federal level. Article 10 of the states Bill of Rights..i.e., the 10th amendment to the US CONSTITUTION. And that process is valid only through republican representation Article 4, Section 4, Clause 1.
Its not rocket science. All the text within the Constitution is written and comprehended at an 8th grade education level. Anything not literally found in that text or contradictory to that text belongs to the PEOPLE/STATES that drafted and ratified the Constitution....not the courts to OPINE federal law from the bench void of representation.
The people have drafted many laws that regulate....speech, guns, death and liberty. Its all constitutional because it was regulated through the will of the people.
The courts don't have the authority to change one word or add one word to the Constitution and amend it by OPINION.
That right simply has never existed in this Representative Republic....as that is not freedom that is Oligarchical Tyranny by people that have never been elected to represent THE PEOPLE but are nothing but CIVIL SERVANTS that have sworn an oath to DEFEND that same Constitution they now profess to have a right to change void of representation. Truth is a simple thing.
There needs to be one more amendment to the US Constitution that establishes 2 things. 1. Have all SCOTUS SEATS filled by ELECTION from the PEOPLE. 2 Have TERM LIMITS upon those duly elected seats.
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