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Jul 26 2022 01:45pm
Quote (Sioux @ Jul 26 2022 03:42pm)
Finding implied rights and powers is how we got roe and Casey. I didn't realize you were such a liberal.




You don't "find" implications. Just like the atoms I mentioned up above... they're there all along.
There either is or isn't an implication. You don't look for it in the closet. :/


You might not have understood, that it was there.... but it either is or isn't. It's not really up to interpretation.



Roe v Wade was based on the assumption that the Constitution gave women (and men) the right to privacy. It doesn't.
So... Roe v Wade was invalid because of that assumption... which wasn't true.

This post was edited by Ghot on Jul 26 2022 01:49pm
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Jul 26 2022 01:49pm
Quote (Ghot @ Jul 26 2022 12:45pm)
You don't "find" implications. Just like the atoms I mentioned up above... they're there all along.
There either is or isn't an implication. You don't look for it in the closet. :/


You might not have understood, that it was there.... but it either is or isn't. It's not really up to interpretation.



The fact you're finding things not explicitly delineated in the text means it's subjective to the person doing the reading. I appreciate your support for the constitutional right to privacy.
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Jul 26 2022 01:58pm
Quote (Ghot @ Jul 26 2022 02:36pm)
The latter is... implied.

Rosco is a monkey. Monkeys love to climb. Ergo... Rosco loves to climb.

The SC's job is to uphold the Constitution. In order to uphold the Constitution, judicial review is required. Ergo they MUST have judicial review.


no one, afaik, is arguing that judicial review isn't required. the issue arises when the concepts of original text vs interpretation of those text come into play. an interpretation can still be correct and even fairly inarguable and still be an interpretation.
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Jul 26 2022 01:59pm
Quote (Sioux @ Jul 26 2022 03:49pm)
The fact you're finding things not explicitly delineated in the text means it's subjective to the person doing the reading. I appreciate your support for the constitutional right to privacy.




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Jul 26 2022 02:01pm
Quote (thesnipa @ Jul 26 2022 03:58pm)
no one, afaik, is arguing that judicial review isn't required. the issue arises when the concepts of original text vs interpretation of those text come into play. an interpretation can still be correct and even fairly inarguable and still be an interpretation.





A cop's job is to uphold the law. To uphold the law one must be allowed to stop law breakers. Ergo, cops are allowed to stop law breakers.
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Jul 26 2022 02:01pm
Quote (Ghot @ Jul 26 2022 03:01pm)
A cop's job is to uphold the law. To uphold the law one must be allowed to stop law breakers. Ergo, cops are allowed to stop law breakers.


and that's your interpretation.
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Jul 26 2022 02:13pm
Quote (Ghot @ Jul 26 2022 01:01pm)
A cop's job is to uphold the law. To uphold the law one must be allowed to stop law breakers. Ergo, cops are allowed to stop law breakers.



This is literally the type of logic underlying the constitutional right to privacy.

This post was edited by Sioux on Jul 26 2022 02:13pm
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Jul 26 2022 02:17pm
Quote (thesnipa @ Jul 26 2022 04:01pm)
and that's your interpretation.




If the cops can't stop the law breakers, then they can't do their job. I don't see any interpretation there.

And since the "need" to be able to stop law breakers existed before cops did....

This post was edited by Ghot on Jul 26 2022 02:19pm
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Jul 26 2022 02:22pm
Quote (Ghot @ Jul 26 2022 03:17pm)
If the cops can't stop the law breakers, then they can't do their job. I don't see any interpretation there.

And since the "need" to be able to stop law breakers existed before cops did....


sure, but there are also a bevy of reasonable restrictions for police to apprehend law breakers. fleeing felon laws, warrant requirements, use of force restrictions, etc.

the need to uphold your duty doesnt guarantee the path of least resistance to accomplish it.

judicial review is the path of least resistance, and is upheld because there are few if any alternatives. one however would be judges instead of striking down laws sending them back to congress to be redrafted in the specific areas the SCOTUS ruled are unconstitutional. but instead we've elected to have congress write and pass a new law, for a variety of reasons.
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Jul 26 2022 02:26pm
Quote (Sioux @ Jul 26 2022 11:34am)
I didn't say anything about Roe. I'm just saying the power of judicial review is not in the constitution. Nothing you highlighted gives the court power to strike down laws passed by Congress or undo actions taken by the executive. It's literally the foundation of constitutional law, that marbury versus madison established the power of judicial review. It's like, day 1 of history of the court class.


you still butthurt
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