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View Diary: Extremist Conservative Legal Reasoning on Abortion Rights (269 comments)

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  •  Yes, but (none)
    I know that Contract Clause doesn't get much respect much like the 9th.  But a) that doesn't mean that it should be that way and b) it's disingenepus to argue (not that you did, but others did) that 9th should be afforded lots of respect while Contacts Clause should be essentially ignored.

    As for including economic liberty in the BoR, The retort is that there was no need because the Commerce Clause was included in the original text of the Constitution and was actually one of the very few limitations on State action.

    Finally, it is true that the government cannot act in certain moral spheres, i.e., it cannot proscribe "immoral religions" or "immoral political view."  But conduct is different.  No matter what your religious belief is, you can't have sex with kids even if your religion requires it.  Soyes government is excluded from some spheres, but not from all moral legislation.

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