re: Our President tweets about his YUGE Russia lawsuit victory

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Guava Jelly

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Fair enough

(I still hate the “gamesmanship” concept but I realize it is done)

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(I still hate the “gamesmanship” concept but I realize it is done)

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I'm not a fan either, ftr. I think it's grimy as shite.

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So you think that every right that we have as Americans is written into the constitution just like the 2d Amendment?

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I think

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nor shall any State deprive any person of life, liberty, or property, without due process of law

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the Due Process Clause of the 14th Amendment (5th Amendment for federal) meaning the people elect their representatives and governor or president, those representatives follow the prescribed procedures to create and pass a law and the executive decides to either approve or veto the law where the consequent veto procedures are therefore triggered, then the matter is ultimately settled. People can always vote themselves out of a democracy unless an executed statute clearly offends the Bill of Rights on its face then judicial redress is appropriate and correct, that's called separation of powers my friend. There is nothing in the Constitution that prohibits the government, state or federal, from passing laws regulating or outright banning abortion, there's only the 10th Amendment and the Article I legislative powers of Congress. Constitutionally, as long as procedure (due process) was followed, an instituted law not Constitutionally-addressed is constitutional, well if we're complying with originalist and textualist principles it should be as it REFLECTS THE WILL OF THE PEOPLE. Thats how a federal constitutional presidential republic consisting of checks and balances works.

ETA: also Article V procedures for amending the US Constitution, good day

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The Fourth Amendment encompasses a right of privacy in protecting "the right of the people to be secure in their persons, houses, papers, and effects."

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Not sure WTH this has to do with prohibiting abortion, the govt prohibits lots of things like possession of drugs, murder, insider trading, wire fraud, etc. With your logic, you could make the argument any government prohibition on anything violates this right and the government shouldn't be able to regulate anything which is absolutely absurd. The whole point of the 4th Amendment is to preclude the government from straight invading someone's home, car or whatever without a specific warrant and probable cause, its procedural to prevent the US from repeating Britain's abuse of the writ of assistance. How you make these massive logical leaps is quite concerning to me.

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In addition to the implicit privacy guarantees of the Bill of Rights

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So now we're filling in gaps and interpreting the Framers' words as to what we want them to mean and being active i.e. judicial activism as opposed to what the words and clauses actually mean i.e. textualism? Good to know brother, love that superlegislature approach

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under the Fourteenth Amendment's declaration that "no state could deny a person life, liberty, or property without due process of law", the Supreme Court has held that privacy is one of the fundamental "liberties" subject to this protection.

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You're making my point as I specifically cited the Due Process Clause in my statements, can't be deprived of life, liberty or property without due process of law denoting the the legislature and executive complying with procedure to reflect the will of their constituency, laws can always be changed through the legislative process my baw they aren't monuments

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Moreover, taking the position that a right of privacy under the constitution has to be specifically enumerated, disregards the Ninth Amendment:

quote]"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

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The 9th Amendment was intended to apply to the federal government per the ratification debates of the late 1780s and statements from the Constitution's ultimate framer James Madison at the time to address anti-Federalist concerns. SCOTUS incorporating the 9th to the states in Griswold was them being active filling in gaps not specifically addressed by the Framers and even one of the most progressive Justices of his time, William O. Douglas, remarked "The Ninth Amendment obviously does not create federally enforceable rights." See Doe v. Bolton (1973).

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A law that allows the government to improperly infringe on the right of individual privacy, which right is inherent in the framework of the Constitution and its Amendments, is unconstitutional.

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But if procedure is followed as relates to the 4,5 and 6th Amendment with criminal investigations and stuff and the government follows its procedures in instituting a law, is it though? That's the government achieving the will of its constituency in legislating and enforcing while still upholding their rights in a federal constitutional republic, like I said we can always vote ourselves out of a democracy. You've done nothing but make my points and reaffirm your commitment to judicial activism, don't worry there are 4 other SC Justices who share your approach I subscribe to the originalist and textualist view, it is what it is.

Every time the Democrats lose their ultimate fall back position becomes, "depends on what the definition of is is". Pitiful Losers=Democrats