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In an ideal world, SCOTUS would point to the Ninth Amendment, say, "this seems like an un-enumerated constitutional right" and allow it. But since we don't yet
by mywittyname 4y ago
In an ideal world, SCOTUS would point to the Ninth Amendment, say, "this seems like an un-enumerated constitutional right" and allow it.
But since we don't yet live in that world, we need every argument we can find, no matter how flimsy or contrived. Because, despite having a solid foundation sitting right there, we are forced to build on top of a patchwork of whatever else we see laying around.
- InTheArena 4y agoOr we can just pass a law, instead of allowing judges to do so. Remember that the supreme court has a somewhat checkered history. IT is the least of the democratic branches, but has unarguably limitless rights. What is the supreme court decided that I had a in-numerated constitutional right to have slaves? Or a un-enumerated right to not have Japanese or Chinese in my state. These are not hypothetical.