Progressive Constitutionalist versus Originalist Constitutionalist

Yaba Daba Do

Donkey Punch Extraordinaire
It was the court saying laws banning abortion were unconstitutional. They interpreted the constitution and made a ruling. It’s what they do.
You just got done saying there was nothing about it in the constitution yet somehow the constitution was interpreted saying banning abortion was unconstitutional. How does tha work?? Sounds like some political activist judges making smile* up to me.
 

It will be fine

Well-Known Member
You just got done saying there was nothing about it in the constitution yet somehow the constitution was interpreted saying banning abortion was unconstitutional. How does tha work?? Sounds like some political activist judges making smile* up to me.
Ok. Explain how a decision the other way wouldn’t just be an interpretation of the constitution.
 

El Correcto

god is dead
Ok. Explain how a decision the other way wouldn’t just be an interpretation of the constitution.
The court ruling would of been like this.
“Look you baby killing :censored2: faces, nothing in the constitution gives you the right to make scrambled eggs in your womb out of your unborn child. We leave this up to the states to decide.”
 

It will be fine

Well-Known Member
The court ruling would of been like this.
“Look you baby killing :censored2: faces, nothing in the constitution gives you the right to make scrambled eggs in your womb out of your unborn child. We leave this up to the states to decide.”
Is it some type of rule that conservatives have to make everything about abortion? Can you guys actually discuss anything without demagoguing?
 

Yaba Daba Do

Donkey Punch Extraordinaire
Ok. Explain how a decision the other way wouldn’t just be an interpretation of the constitution.
In this case, state legislatures were once able to determine to whom all the rights and privileges of citizenship applied, even if they had yet to be born. The Supreme Court invalidated those laws in favor of the will of its own justices.

Wade should have won the case and the states would have continued to determine their laws.
 

Yaba Daba Do

Donkey Punch Extraordinaire
Is it some type of rule that conservatives have to make everything about abortion? Can you guys actually discuss anything without demagoguing?
I actually didn’t mean to turn this into an abortion arguement, I was just using it as an example because people from both side of the isle agree that the actual ruling was terrible no matter what your feelings are on abortion.
 

It will be fine

Well-Known Member
I actually didn’t mean to turn this into an abortion arguement, I was just using it as an example because people from both side of the isle agree that the actual ruling was terrible no matter what your feelings are on abortion.
Does it matter at this point? 70% of the people agree with the decision now.
 

It will be fine

Well-Known Member
I can’t think of anything more evil than compelling women to scoop their unborn child out of their womb, killing them. It’s like some bizarre horror novel that we all live in. Crazy this is even up for debate much less legalized.
Maybe you should learn about it. Sometimes a woman would die if she carried a baby to term, some women would continue to be victimized by a rapist by carrying their baby to term, some people don’t believe life begins at the fertilization of an egg, some people don’t believe the state should make that decision for free citizens. It’s all open to interpretation, which is why we have judges.
 

Old Man Jingles

Rat out of a cage
Ok. Explain how a decision the other way wouldn’t just be an interpretation of the constitution.
Exactly!
The SCOTUS had no business ruling for the entire country.
Congress never passed a law on abortion.
Abortion was not mentioned in the Constitution and therefore per Amendment 10, should be exercised by each state.
 

Brownsocks

Just a dog
I will continue to read the founders writings for answers to my questions on the scope of government. The principle framers of our constitution leave nothing to the imagination on their intent.

“We hold these truths to be self-evident: that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness.”
- Jefferson

“Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add ‘within the limits of the law’ because law is often but the tyrant’s will, and always so when it violates the rights of the individual.”
- Jefferson

“The policy of the American government is to leave its citizens free, neither restraining them nor aiding them in their pursuits.”
- Jefferson

“That government is best which governs the least, because its people discipline themselves.”
- Jefferson

It is to be remembered that the general government is not to be charged with the whole power of making and administering laws. Its jurisdiction is limited to certain enumerated objects. James Madison, Federalist #14

“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.” – James Madison, Federalist 45, 1788

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” – Tenth Amendment, 1791
 

Old Man Jingles

Rat out of a cage
By 2040 something like 70% of the US population will live in just 15 states.

That seems problematic.
And these states will lean towards liberal/urban tendencies.
These people, like the left today, will want to ignore the Constitution and make new laws through the Judicial and Executive branches.
The real issue is that we are citizens of the United States of America .
The issue is that the Constitution is designed to give power to States and protect individuals.
Amendment 17 took a swipe at this but didn’t really do much.

So I believe your ‘problematic’ concern is that 70% of the people will be underrepresented looking at it from the individual POV.
However, the Constitution does exactly what it was designed to do and that is to equalize power amongst the states.

In other words, all the rancor we are experiencing now will get worse.
 
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