manu1959
Left Coast Isolationist
dilloduck said:except you forgot to put 'only' in front of 'the woman'.
dude are you arguing wif yourself and losing?
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dilloduck said:except you forgot to put 'only' in front of 'the woman'.
jillian said:Actually, trying to pretend the Constitution is a literal document is more agenda driven and more "activist" than anything else you're discussing.
And if you think judicial review "has its problems", then you're missing the point of the Court and the fact that its the last bastion of protection between tyrannical government and people... or it's supposed to be.
manu1959 said:dude are you arguing wif yourself and losing?
KarlMarx said:OK, so the text from the 5th amendment "No person shall be .... deprived of life, liberty, or property, without due process of law" is meant to be taken... how? It seems to me that a person can't be executed without a trial. But that's what abortion does.
Abortion denies a person the right to life ... because the unborn baby is a person.
The argument that abortion is all about a woman's right to choose what to do with her body is specious. The unborn baby has a genetic structure separate and distinct from its mother's. Unlike an organ, the unborn baby is capable of living separate from the body on its own.
The unborn baby has its own body, but the woman now has a right to decide what to do with her baby's body.
In addition, the 10th amendment states that states have the right to decide on granting or denying rights that are not enumerated in the Constitution. Roe vs. Wade took that right away. Up until 1973, states did vote on abortion. The voters of some states decided against it, the Supreme Court took the right of voters and their duly elected representatives to decide on the issue.
Agreed, warrantless searches against United States citizens are illegal. However, spying on agents of foreign powers is not. The President as head of the Armed Services is authorized by Section II of the US Constitution to initiate warrantless searches and wiretaps on agents of foreign powers. However, he cannot issue warrantless searches and wiretaps against citizens in criminal matters. That is the difference between FISA (Foreign Intelligence Surveillance Act), which is legal and constitutional, and what you seem to be accusing President Bush of.PsuedoGhost said:Agreed, but again if we are going to be taking the constitution strictly literally then the 4th Amendment protects against any government entity from spying on American Citizens without a Warrant... And yet here we are with the NSA spying controversy...
Choosing which parts of the constitution to adhere to, seems pretty dangerous if you ask me.
KarlMarx said:Agreed, warrantless searches against United States citizens are illegal. However, spying on agents of foreign powers is not. The President as head of the Armed Services is authorized by Section II of the US Constitution to initiate warrantless searches and wiretaps on agents of foreign powers. However, he cannot issue warrantless searches and wiretaps against citizens in criminal matters. That is the difference between FISA (Foreign Intelligence Surveillance Act), which is legal and constitutional, and what you seem to be accusing President Bush of.
I'd also like someone to explain to me where in the Constitution the President, the Congress or any member of the United States has the power to levy Social Security taxes. A tax by the way, which we all have to pay tax on! A double tax! This does not provide for the general welfare, but instead provides for the welfare of only a small segment of the population.
Then, I could go on and ask about the provisions of Campaign Finance Reform which limits political speech (no negative campaign ads within 30 days of an election). Clearly CFR is unconstitutional, since it clearly violates the free speech clause of the First Amendment.
And, then there is the Supreme Court's recent decision that the powers granted under the 5th amendment (eminent domain) can be extended to private developers!
KarlMarx said:OK, so the text from the 5th amendment "No person shall be .... deprived of life, liberty, or property, without due process of law" is meant to be taken... how? It seems to me that a person can't be executed without a trial. But that's what abortion does.
Abortion denies a person the right to life ... because the unborn baby is a person.
The argument that abortion is all about a woman's right to choose what to do with her body is specious. The unborn baby has a genetic structure separate and distinct from its mother's. Unlike an organ, the unborn baby is capable of living separate from the body on its own.
The unborn baby has its own body, but the woman now has a right to decide what to do with her baby's body.
In addition, the 10th amendment states that states have the right to decide on granting or denying rights that are not enumerated in the Constitution. Roe vs. Wade took that right away. Up until 1973, states did vote on abortion. The voters of some states decided against it, the Supreme Court took the right of voters and their duly elected representatives to decide on the issue.
jillian said:Perhaps I didn't make myself clear. Constitutional analysis doesn't say ignore the words...which is what you're saying. The way it's done and has always been done is that the Court looks at the words and, to apply the words to the issue at hand, the Court determines what the intent behind the words is.
If these issues really interest you. Take a course in Con Law. You seem like you'd enjoy it.
Well...the Second Amendment protects that. Yet, if I had to guess, you're one of those who would like to see that right be construed in the broadest, most liberal sense possible, so as to protect that right and save it from the slippery slope of infringement. I actually agree (within the reasonable limit of maybe keeping people from having cannons and 50 mm guns on their premises). That's all I expect of the Court as regards the other Amendments.
gop_jeff said:I took Constitutional law in college. It was enjoyable. But I have to say that Roe did not take the words of the Constitution and apply them to a case. It was a very clear case of judicial activism, in which the court set forth brand new mandates as to when an abortion could be determined as legal or illegal - a clear usurpation of the judiciary into the realm of the legislative branch's duties.
Well, I don't see a problem with people owning .50 caliber guns (I'm sure that's what you meant to say - a 50mm would be a mortar or small cannon). I've shot a couple, and frankly they're a lot of work, so I can't imagine they would be very widespread. But I'm happy to see that you support the 2nd Amendment. Ever think about joining the NRA?
jillian said:Before one determines that a fetus is a person they are making a religioius judgment
jillian said:I disagree, but I see your point. The one thing I'll say is that sometimes judges do the right things for the wrong reasons.
And again, it doesn't actually determine when it's legal or not legal (although that's clearly the result) it rules only on when the governmental interest in the subject outweighs the right of the individual to determine what happens in her own body.
And before you tell me again that the "life" of the fetus is being taken away. Before one determines that a fetus is a person they are making a religioius judgment that the State, IMO, really has no business involving itself in. It's really a moral decision that has to be made by the individual.
It's kind of like thinking government is more capable of making decisions for me than I am.
and see... I knew you'd like Con Law.
Yeah...probably did mean .50 caliber. Sorry. What I know about guns, you could write on your pinkie nail.
The NRA? Nah... I don't like the fact that they went afield of guns and started on the militia stuff. But I do tend to be fairly realistic on the issue and expect every Amendment to be respected. And I HATE when lawmakers pass stupid, ineffective laws instead of just enforcing what already exists. (As if anti-gun laws deter lawbreakers who get the guns anyway. Sheesh! Silliness, IMO).
gop_jeff said:Well, the fact that you're pro-2nd Amendment makes you OK in my book!
archangel said:from a 'old farts' perspective that silly jilly.....did the abort thingeee...and is feeling a little guilty now...just a opinion mind ya...but hey we all have one...including silly jilly!
Kathianne said:Right, or something. It did things, without legal standing. It will be overturned, but not stop abortion, at least not every state.
deaddude said:In which case it becomes futile to stop it at all, people will simply drive to which ever state offers abortions.
archangel said:from a 'old farts' perspective that silly jilly.....did the abort thingeee...and is feeling a little guilty now...just a opinion mind ya...but hey we all have one...including silly jilly!
dmp said:If any post in the history of this board deserved Neg Rep, it's the above.
archangel said:from a 'old farts' perspective that silly jilly.....did the abort thingeee...and is feeling a little guilty now...just a opinion mind ya...but hey we all have one...including silly jilly!