Amendment IX
The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people.
That's funny, I do not seem to see the word "fundamental" stated in the Constitution, Bill of Rights (not bill of privileges) Amendment IX. Do you?
My point?
The most blatant act of judicial activism is reading something into the constitution that textually is not there.
I thought "conservatives" did not like judicial activism?
SUPREME COURT OF THE UNITED STATES
No. 98—963
JEREMIAH W. (JAY) NIXON, ATTORNEY GENERAL OF MISSOURI, et al., PETITIONERS v. SHRINK MISSOURI GOVERNMENT PAC et al.
[January 24, 2000] Justice Stevens, concurring.
", therefore, I make one simple point. Money is property;
"And there is no taking of property -- a de facto condemnation -- because the Players Club may continue to engage in club activities provided it abides by the smoking rules."
The "smoking rules" cannot include the Players Club to install air filters because the installation of air filters "takes" property, from the Players Club, since money is property, thus a 5th violation.
"We may not agree, but the smoking ban arguably bears a rational relationship to the protection of public health, which is a legitimate governmental concern."
This argument is valid for "public" property, (A useful definition and description of public places can be stated as follows: When “a state (municipal government) is acting as an owner of property, such as its own offices and buildings, or as the guardian of public spaces such as streets and parks, it may properly constrain conduct there.)
The Players Club is not "public" property, it is PRIVATE property.
Where does the Constitution state that an unborn child is a life that enjoys constitutional protections? Where does the Constitution state that notwithstanding the First Amendment guaranteeing free speech as a fundemental right, a person can't yell "fire" in a crowded theater or verbally threaten the POTUS? Where does the Constitution define ths scope of the equal protection clause? Does the clause literally mean that the government must treat everyone equally as to both benefits and burdens, or is the goverment allowed to draw classifications among her citizens even though not specifically authorized in either the Fifth or Fourteenth Amendments? Where does the Constitution allow government to seize a person's private property when the property consists of that person's stash of marijiuana, heroin, or cocaine?
If you want to be a strict constituional constructionist, then you will need to be able to answer these questions and others like them using nothing other than the exact text of the Constitution itself. If you rely upon sources outside the four cornersof the Constitution, then by necessity, you are actively engaging in subjective construction.