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by ratboy666 1175 days ago
Judges do NOT legislate from the bench! That is incredibly anti-democratic, and a collapse of our system. Judges do NOT tell politicians that they cannot make abortion illegal. That right, and yes, it IS a right, is reserved to the electorate. Who gets their will expressed through politicians. Judges judge against the body of legislation (and common law). And, yes politicians LITERALLY have the ability to do anything that the electorate want. That includes Global War.
1 comments
acomjean 1175 days ago
We have rights as individuals, which can’t be infringed by laws. The courts are there to prevent those laws. It’s what abortion and 2nd amendment lawsuits are all about.

These right declarations aren’t super clear so the political leanings of the court weight heavily.

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orangepurple 1175 days ago
You assume "rights" exist in a vacuum. The so called "rights" given to "the people" are clearly defined in the constitution and the bill of rights. Judges compare laws to those documents for conflicts, and err on the side of the constitution and the bill of rights. They do not make rights up as they please.
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krapp 1175 days ago
> The so called "rights" given to "the people" are clearly defined in the constitution and the bill of rights.

  9th Amendment: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people

  10th Amendment: 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.
What is clearly defined by the Constitution is that the set of rights claimed by the people is unbounded and explicitly not limited to what is enumerated in the Constitution and Bill of Rights - those rights are assumed to exist 'in a vaccum' in that they are declared to be "inalienable" and "endowed by the Creator," irrespective of one's personal belief in the validity of claims of divine sovereignty.

The Constitution does not define rights, rather it defines the limits of the government's power to abridge those rights.

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EricE 1173 days ago
>The Constitution does not define rights, rather it defines the limits of the government's power to abridge those rights.

It's frightening that so few seem to really get this.

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