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And yet, the end of slavery and enactment of women's suffrage were both strengthened by amendments, rather than supreme court decisions (which is why I included

And yet, the end of slavery and enactment of women's suffrage were both strengthened by amendments, rather than supreme court decisions (which is why I included those in my list). So I think that my question still stands. Why would an amendment be necessary to force a right that should've been held by the people already in one case, but not another?

saalweachter 10y ago
SATSQ: A Constitutional amendment is necessary to establish a right when the Courts do not recognize that right. An Amendment is also useful to avoid a right being lost in future rulings, or to raise the bar on what is considered a compelling reason to abridge that right. Remember, DOMA was overturned not just because the Courts recognized freedom to marry as a right, but because the Federal government was unable to offer a compelling reason why it was in the public interest to remove that right from same-sex couples. Consequently, a Constitutional amendment may well have been necessary to end slavery, because even if the Courts were willing to recognize both slaves as citizens deserving of rights and "not being a slave" as an unenumerated right in 1865 (hint: they weren't), the Courts almost certainly would have been willing to hear arguments that slavery was in the public interest, even if it was an abridgement of the rights of slaves. They are certainly willing to allow de facto slavery of non-citizens and of prison inmates to continue. In any case, demanding that we refuse to recognize a right until it is enumerated in the Constitution or its Amendments, when the Constitution itself both declares the existence of unenumerated rights and demands they be recognized is just fucking asinine.
- khedoros1 10y ago
  Where do you get off calling my question stupid? Condescending asshole. To be clear: I don't have a problem with your answer itself, but the tone in both of your replies to my honest questions hasn't been helpful. You need to work on your presentation, or you're going to turn more potentially interesting information into something of shit value.

saalweachter 10y ago

SATSQ: A Constitutional amendment is necessary to establish a right when the Courts do not recognize that right. An Amendment is also useful to avoid a right being lost in future rulings, or to raise the bar on what is considered a compelling reason to abridge that right. Remember, DOMA was overturned not just because the Courts recognized freedom to marry as a right, but because the Federal government was unable to offer a compelling reason why it was in the public interest to remove that right from same-sex couples. Consequently, a Constitutional amendment may well have been necessary to end slavery, because even if the Courts were willing to recognize both slaves as citizens deserving of rights and "not being a slave" as an unenumerated right in 1865 (hint: they weren't), the Courts almost certainly would have been willing to hear arguments that slavery was in the public interest, even if it was an abridgement of the rights of slaves. They are certainly willing to allow de facto slavery of non-citizens and of prison inmates to continue. In any case, demanding that we refuse to recognize a right until it is enumerated in the Constitution or its Amendments, when the Constitution itself both declares the existence of unenumerated rights and demands they be recognized is just fucking asinine.

khedoros1 10y ago
Where do you get off calling my question stupid? Condescending asshole. To be clear: I don't have a problem with your answer itself, but the tone in both of your replies to my honest questions hasn't been helpful. You need to work on your presentation, or you're going to turn more potentially interesting information into something of shit value.