Quote:
Originally Posted by MTAtech
Moreover, your view that if something isn't specifically mentioned in the constitution it's unconstitutional is a simpletons view of constitutional law.
Judicial Review -- the court striking down a law isn't specifically mentioned in the constitution.
Jury of peers isn't specifically mentioned in the constitution.
The right to travel, the right to vote are not specifically mentioned in the constitution and neither is separation of powers.
To suggest that only the powers mentioned specifically in the constitution are the only powers ignores implied powers, which the body of law rests upon. It's a unsophisticated view of the constitution.
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Wrong.
Judicial review -
Marbury v Madison was partially decided based on the following Constitutional provision:
"In all the other Cases before mentioned, the supreme Court shall have
appellate Jurisdiction, both as to
Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make."
- U.S. Constitution, Article III, Section 2
Interesting that you should mention judicial review - President Obama is supposedly a constitutional law expert and he thinks that judicial review is a relatively new phenomenon.
Jury trial - Trial by jury is mentioned several times in the U.S. Constitution - the Founders thought that it was very important and an invaluable safeguard against tyranny - here are just a couple instances:
"The trial of all Crimes, except in Cases of Impeachment,
shall be by Jury; and such Trial shall be held
in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed."
- U.S. Constitution, Article III, Section 2
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial,
by an impartial jury of the
State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in(the accused's) favour, and to have the Assistance of Counsel for(theaccused's) defense.
- Sixth Amendment to the United States Constitution
Right to vote: This is probally your most egregious falsehood - actual implying that the Constitution does not protect the right to vote for certain individuals:
"The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude."
- Fifteenth Amendmend to the United States Constitution, Section 1
"The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representaive in Congress, shall not be denied or abridged by the United States or any state by reason of failure to pay any poll tax or other tax."
- Twenty Fourth Amendment to the United States Constitution, Section 1
"The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.
Congress shall have power to enforce this article by appropriate legislation."
- Nineteenth Amendment to the United States Constitution
"The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age."
- Twenty Sixth Amendment to the United States Constitution.
The right to travel was protected in the Articles of Confederation - the Constitutional Convention members felt that it was such a fundamental concept that it did not need to be specifically addressed in the Constitution. The "right" to have an abortion is not such a fundamental idea - and has no Constitutional basis - no matter what your opinion of
Roe v. Wade. If you think it does - then amend the Constitution - until then
Roe v. Wade can be overturned - and if something can be overturned - then it is not a right.
You also conveniently ignore the 10th Amendment - which specifically states that the federal government has enumerated, limited powers.
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people".
- Tenth Amendment to the United States Constitution
Abortion should be left to the states to decide on their own.