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AMC4x4 OP t1_ivuvv8s wrote

Reply to comment by pahnzoh in Free Staters might actually have *more* legislative control now in the state House thanks to the even split? -- Brown said. “So the narrow margin had the effect of actually creating a budget that was farther to the right.” Could get interesting. by AMC4x4

>abortion was definitely never a right in the constitution

Neither were a lot of things. Right to a fair trial, right to vote, right to a jury of peers, right to marriage, right to privacy, etc. I don't think we want to go down this road, right?

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pahnzoh t1_ivuxah4 wrote

Well I'm not stating my normative opinion when I say that. The constitution is what it is. Some of those are in the bill of rights explicitly. Others are not.

I think the 9th amendment should have been given teeth from the begining to preserve rights that were not powers expressly delegated to the government. It is the "left wing" jurists who have always voted in favor of expanding state power to legislate in areas arguably protected by individual rights.

The problem with just making rights up out of whole cloth is that they can be taken away using the same logic.

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wegandi t1_ivuwlwu wrote

This is one area I disagree with Anti Federalists about. The 10th amendment should have been the defacto writ of personal rights because its not specific and when you get specific you then get shit well its not expressly mentioned so that right doesnt exist. Constitution should have been only about restricting the Government (and for the most part it is), not about codifying any specific right.

Should the Government....no.

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