Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: MrB
Well, specifically, yes, but in a more general way, the way SCOTUS can sometimes find government powers enumerated without words in a document specifically designed to explicitly list every power the government was allowed.

The case is different with individual rights. The benefit of the doubt is supposed to go to the states over the feds and to the individual over any level of government unless one can find in the Constitution words to the contrary. So individual rights don't have to be listed to be valid, like govt powers.

However, even here SCOTUS can err, as in Roe by asserting an unlisted individual right (abortion) that conflicts with a listed individual right (life), or by exalting the feds over states on a matter that is not properly theirs to regulate. In Roe, I believe they did both.

21 posted on 11/26/2007 7:08:55 AM PST by Still Thinking (Quis custodiet ipsos custodes?)
[ Post Reply | Private Reply | To 17 | View Replies ]


To: Still Thinking

Just finished a great book - “Politically Incorrect Guide to the Constitution”.

The federal gov’t nearly IMMEDIATELY reneged on the promise of enumerated powers. (Marshall)

Basically, there were those that were nationalists - Hamilton - that wanted a supreme national gov’t, and the states wouldn’t ratify, so they argued enumeration until ratification, then governed as they wished anyway.


26 posted on 11/26/2007 7:17:57 AM PST by MrB (You can't reason people out of a position that they didn't use reason to get into in the first place)
[ Post Reply | Private Reply | To 21 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson