4 ms·
> removing a named right is more difficult than removing an unnamed right. That doesn't immediately strike me as obviously true. Many states attempted to remo
by defen 7y ago
> removing a named right is more difficult than removing an unnamed right.
That doesn't immediately strike me as obviously true. Many states attempted to remove the unnamed right to an abortion (by which I mean, abortion is not explicitly mentioned in the Constitution); but that was struck down on 14th Amendment grounds. It wouldn't surprise me if an enterprising lawyer could contest a statewide firearm ban (assuming no second amendment) via the commerce clause, for example.
- akerl_ 7y agoI think your point agrees with mine. In the US, the path to defending an unnamed right generally involves an “enterprising lawyer” drawing a line to try to bucket it as a part of a named right. Defending the named right directly requires strictly less mental gymnastics.