Last edited by Hatuey; 11-15-10 at 01:35 AM.
I refuse to accept the view that mankind is so tragically bound to the starless midnight of racism and war that the bright daybreak of peace and brotherhood can never become a reality. - MLK
(Perhaps they just weren't smart enough to realize that "no person shall be deprived of life, liberty or property without due process of law" OBVIOUSLY grants a right to privacy and NECESSARILY means that states can't regulate abortion in the first trimester, should be severely limited in the second trimester, and do whatever they want in the third trimester so long as the mother's safe - and should be free to legalize the destruction of a perfectly healthy, full term infant so long as it's still in the womb.)
Prior to the 19th century, there may not have been any statutory laws criminalizing abortion, but it was restricted and oftentimes illegal under common law once into the second trimester. Yes, it wasn't severely restricted until the Civil War era - but as long as we're pointing out historical anomolies, we should also recognize that abortion law has never been as permissive as it is now. I don't think you can find a single, modern developed nation that doesn't restrict abortion more than we do.
A lot of people like to argue that the courts have no Constitutional power to reinterpret law and as such, they have legislated from the bench with every ruling where they have done so.
Perhaps the earliest example of judicial activism was when they gave that power to themselves way back in 1803.
.....The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish....The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority....In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. 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.
No, judges (activist or not) cannot make laws. They do not have that power.
If you build a man a fire, he'll be warm for a day.
If you set a man on fire, he'll be warm for the rest of his life.
"He who does not think himself worth saving from poverty and ignorance by his own efforts, will hardly be thought worth the efforts of anybody else." -- Frederick Douglass, Self-Made Men (1872)