Skip to main content

View Diary: The Power Of The State: Privacy Rights and Economic Rights (296 comments)

Comment Preferences

  •  Footnote 4 (none)
    The Carolene Products footnote dealt with the presumption of constitutionality of a law when dealing with "discrete and insular" minorities.  It has been applied in equal protection analysis, not in so-called substantive due process.

    No more Melissa Beans!

    by Paleo on Thu Nov 03, 2005 at 11:43:40 AM PST

    [ Parent ]

    •  Miss the point (none)
      When AFFECTING Constitutional Rights thereis a different standard - not deference.

      To wit, as I state in my post, Liberals believe government action against individual rights receives higher scrutiny.

      Economic legislation does not.

      The determination of Commerce power by the Congress is given great deference in a non-Constitutional  rights setting - to wit, absent the implication of Constitutional rights.

      My point being the divergent treatment given individual rights and economic rights.

      You seem to be arguing that that was not the case.

      Finally, I understand you disagree that there are privacy rights.

      You may be a Liberal, and that may be your position, but you do not hold the Liberal position on that issue.

      The SCOTUS is Extraordinary.

      by Armando on Thu Nov 03, 2005 at 01:01:08 PM PST

      [ Parent ]

      •  Re: (none)
        But the question of individual versus economic rights and whether, in some situations, there is in fact a difference between the two, and whether individual rights should be given primacy over economic rights, has nothing to do with Griswold and Roe.

        I realize I do not take the "liberal" position regarding privacy rights, but I believe I take the progressive position exemplified by the 1937 to 1965 era of New Deal jurisprudence.

        No more Melissa Beans!

        by Paleo on Thu Nov 03, 2005 at 01:13:15 PM PST

        [ Parent ]

        •  Nothing to do with Griswold and Roe? (none)
          Frankly, that is an absurd comment.

          The level of scrutiny is determined by it. You are flat out wrong .

          The SCOTUS is Extraordinary.

          by Armando on Fri Nov 04, 2005 at 05:06:20 AM PST

          [ Parent ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site