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DomKen -> RE: speaking of activist judges (6/22/2012 2:50:18 AM)
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quote:
ORIGINAL: Sepultura
Two major decisions have given "conservatives" cause to label (usually falsely) many judges activist. The first was the Interstate Commerce Clause which for two decades allowed the Federal scum to do basically what ever they wanted if they could somehow link it to the movements of goods or even conspiracy to use the interstates to facilitate the commission of a crime. The second one was Roe vs. Wade. This is not to start another pointless argument over a topic that can't possibly have anything new to be uncovered. The simple fact of the matter is, Constitutionally speaking, there is no right to privacy. That was pulled out of thin air starting with a couple of college professors buying condoms in violation of some idiotic state law. Why is that particular medical procedure a Constitutional right, but prostate surgery isn't?
There are actually many rulings on the Commerce Clause and all come down on the side of it giving Congress broad authority to legislate, Scalia had to write a book saying he no longer believes in it to justify his upcoming vote on the ACA.
As to the Right to Privacy it is actually fundamental to the Bill of Rights. The enumerated rights, which quite explicitly were not the only rights protected as far as the Founders were concerned, mostly boil down to "government shall stay out of each person's private affairs." That is the Right to Privacy. BTW prostate surgery is protected by Roe v Wade just as abortion is. Roe makes it a private medical decision between you and your doctor and no legislature can forbid you from having the procedure.
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