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

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  •  Necessary and proper clause (none)
    At least with respect to Congress, it has the power under the Constitution to make all laws which are "necessary and proper."  I'm sure the individual states have similar provisions.

    No more Melissa Beans!

    by Paleo on Thu Nov 03, 2005 at 01:21:00 PM PST

    [ Parent ]

    •  Uh..Nope (none)
       the Necessary and Proper Clause applies to only those ares where..yes, the government(in this case the Federal one) has been delegated authority to act...the enumerated powers. It is therefore, a limitation on Congressional power, not a grant of authority.

       So those who say that there is no right of privacy in the Constitution, can't find the authority for governement to make reproductive decisions either...if we are reading the documenyt literally that is.

       

      "Most people would sooner die than think; in fact, they do so."

      by sebastianguy99 on Thu Nov 03, 2005 at 01:32:22 PM PST

      [ Parent ]

      •  Re: (none)
        You can say that about a whole range of legislation.  The framers did not delegate what particular legislation was necessary and proper and what wasn't.  It's not that the right to abortion isn't explicitly mentioned in the text, it can't be derived from anything in the text, unless you subscribe to the substantive due process doctrine, which I don't, or believe the Ninth Amendment permits judges, rather than the people, to create such rights, also which I don't.

        No more Melissa Beans!

        by Paleo on Thu Nov 03, 2005 at 01:44:44 PM PST

        [ Parent ]

        •  The Founders Didn't Delegate Anything.. (4.00)
          ..the People Did!! The writers of the document held no such authority.

           Rights do not come from the Constitution or the government.They come from the people.

           Yes there are many areas one could point out that are not explicitly spelled out in the text. But that's the point!

           If we are going to play the game of literalism when it comes to unenumerated rights, then given the structure of the Constitution, it is intellectually dishonest not to apply the same standard when the government seeks to act.

           So if one says I see no right in the Constitution, then one must also look to see if there is authority to act in a particular area as well.

           So the answer to the question I've now asked several times is, "No"...there is no such grant of authority to decide reproductive rights, to the government, within the text of the Constitution.

          "Most people would sooner die than think; in fact, they do so."

          by sebastianguy99 on Thu Nov 03, 2005 at 02:13:38 PM PST

          [ Parent ]

          •  Re: (none)
            When courts analyze cases, governments are presumed to have the power to enact the law being challenged.  They have what is known as the "police power."  If someone wants to challenge the right of governments to enact laws regarding reproduction under that power, or under the necessary and proper clause, fine.  But I doubt they'd be successful.

            No more Melissa Beans!

            by Paleo on Fri Nov 04, 2005 at 03:27:13 AM PST

            [ Parent ]

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