And Scalia was wrong, overruled by the Supreme Court. Rights aren't open to a vote.
And you never did answer my question: what defines a 'constitutional right' in your estimation?
So in your brilliant legal analysis, if the USSC rules 5-4, 5 justices are right and 4 are wrong? I guess the term judicial activism doesn't exist in your cozy little world. Did you find it interesting when Roberts decide Obama Care was constitutional because he deemed it a tax, even though the authors of that mess insisted it wasn't a tax? Curious- who are you voting for?
The Bill of Rights defines the constitutional rights of US citizens.
In my 'legal analysis' the authority to interpret the meaning of the constitution is delegated to the judiciary, with the Supreme Court at its head. And the authority of the Supreme Court follows the majority opinion. And no authority follows the dissenting opinion.
Your personal legal interpretations are based on no legal authority. Mine, on the constitutionally delegated judicial power of the federal judiciary.
A judiciary that has repeatedly reocgnized the right to marriage.
The Bill of Rights defines the constitutional rights of US citizens.
Says who? Not the Bill of Rights. Read the 9th amendment and then tell us why you're so laughably wrong.
Or I can just tell you. Which ever you'd prefer.
So you avoided the topic of judicial activism, Roberts use of considering Obamacare a tax (clearly judicial activism).
With 'judicial activism' being any case you disagree with. Watch, I'll demonstrate how even you don't buy your incoherent horseshit:
Was Heller v. DC 'judcial activism'? It was a 5 to 4 ruling. There was definitely dissenting opinions. And there's no mention anywhere in the constitution of 'the right to self defense with a fire arm'.
It meets ever criteria of your working definition of 'judicial activism'.
So......start wiping your ass with your own standards. And demonstrate even you don't believe you.
With respect to marriage- of course marriage is a right, and everybody has always had the right to marry. But they didn't expand the rights of people to marry, they altered the definition of marriage, again judicial activism.
If Marriage is a right....why wouldn't it be a right for same sex couples? They're protected under the constitution too. They have the right to equal protection in the law and Due process under the 14th amendment as well. As the Supreme Court held repeatedly.
And are you making some distinction between 'rights' and 'constitutional rights'? If so, what is it? As I define a constitutional right as any right protected by the constitution.
You...you read the 9th amendment, didn't you? Did you learn the difference between rights and powers? Did you figure out that the Constitution is NOT an exhaustive list of rights?
If no, I'll be happy to walk you through it again.