It looks like right now we have 16 idiots that don't realize that this question was already resolved in 1965 by the U.S. Supreme court in Griswold v Connecticut---
Griswold v. Connecticut
States do not have the right to interfere in the PRIVATE matters of individuals--including those between the intimate relationship between man and wife and their personal decision on birth control devices.
The SANTORUM hypocrisy is--that while he is out there on the campaign trail railing against Obamcare/Romneycare--and the GOVERNMENT overreach of that--he is completely O.K. with insisting that States can BAN birth control devices if they so choose.
OK. I'm going to be civil but I am going to explain the problem with what you just did. Have you looked into and read the opinions in Griswold v. Connecticut? Have you looked at the powers they reference?
What I fail to understand is how someone can hold a document like the Constitution sacred while making no attempt to understand its origin or its purpose. I would highly suggest you look at the tenure of the Marshall courts. He is revered in any "Constitutional Law" class you might take but his arguments were usually dubious at best.
First, lets examine the decision. Griswold made the arguement that the ban of contraceptives violated the due process clause of the 14th Amendment. Have you ever looked at the 14th Amendement, independent of 150+ years of judicial lattitude?
Where exactly do all of these rights come from? Do you have any idea why the 14th Amendment was created? It wasn't created to grant new rights, or for the courts to define new rights as they saw fit. The 14th Amendment was created exclusively to ensure that former slaves received the
same treatments that everyone else received. It did step into the boundaries of what had traditionally been state boundaries in order to protect former slaves. That is the only purpose of the due process clause of section 1.
The problem with allowing and accepting the various ways that it has been expanded by the courts is that we are giving 9 men who are not in any way accountable to anyone (the impeachment trial of Chase set the standard that we will not kick out judges for political reasons) are free to interpret legislation and Amendments in whatever way they see fit. There have been a long train of abuses on both state sovereignty and civil liberty by the court. Look, for example, into the bussing of kids across cities to fill "race quotas". In the end the court's solution to racial divides was to divide racially. It resulted in children, against the will of there parents, being bussed sometimes 3 hours a day to attend schools. Warren even claimed that the court could not be bound by the people of 1868. What he is saying is that he is not bound by the original intent of the Constitution.
The 14th Amendment has even been used to nullify private contracts (Shelley vs Kraemer). There was a private agreement between homeowners to not sell a house to a non-white. The State Supreme Court uphled the contract just like it would a will or a scholarship that is granted to one specific race or class. The supreme court stepped in and said that it was a violation of the 14th amendment. How can a person violate an amendment which applies to the states? I'm not sure exactly. The supreme court has not used such ruling to nullify scholarships directed at a group or class exclusively (which surely is a violation of the due process clause as understood by the SCOTUS).
I think it is ridiculous to have legislation that bans contraception, as I think segregation is heinous. I think that the population should call on the legislature to initiate an amendment to the Constitution
or demand the state government bend to the will of the people. Having a 9 person counsel set the policy for all of the country is just a bad idea.
Mike