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The Constitution is a negative rights document, meaning that it enumerates all the actions that the federal government cannot do to you. The Supreme Court shoul
by mise_en_place 4y ago
The Constitution is a negative rights document, meaning that it enumerates all the actions that the federal government cannot do to you. The Supreme Court should not be in the business of legislating, as you mention it should be the Congress that legislates. The Constitution is clear on what the judiciary is meant to do, review if an existing law or executive action is in violation of the Constitution. Anything else is a gross overreach of power.
- dragonwriter 4y ago> The Constitution is a negative rights document, meaning that it enumerates all the actions that the federal government cannot do to you. No, the Constitution is an affirmative powers document first and foremost; it enumerates all the things the federal government can do. The amendments (and a very few provisions of the base Constitution) include some negative rights as well, some directly applicable against the federal government, some against the State governments (and some of the former have been found to be implicitly included in some of the latter, though that is fairly explicitly under attack right now.)
- deleted 4y ago[deleted]