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View Diary: America is Pro-Choice, Any Questions? (194 comments)

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  •  I like the 9th amendment too, (0+ / 0-)

    but the context of the Bill of Rights is a constriction on Federal power rather than on the 'general powers of government.' Fundamentally, I agree with you - but the final qualification on rights is made by the 10th Amendment, which permits the states to do 'pretty much whatever' so long as the Constitution doesn't reserve the power for the Feds.

    I don't contend to have a brilliant legal mind. I'm a mathematician, not a judge or a lawyer. That doesn't, of course, disqualify me from having an opinion on the matter. I make no mention, if you'll note, to what the 'intentions' of anyone happen to be. The point is that the law only can go as far as what it says - and trying to interpret what other people wrote will always guide us down a path of ambiguity. Why was Blackmun right and Rhenquist wrong? Or was Rhenquist right and Blackmun wrong? It's wholly subjective, unless you look at precisely what the text says. Words don't lie, and laws are crafted with great explicitness in order to keep people from 'misinterpreting' what they are intended to do.

    I don't really care what the intentions of the founders happened to be. They're dead, and cannot speak for themselves, so their writings and their laws are left to speak for them. But law isn't written like a novel - it's not 'open to interpretation.' It's a black and white, dispassionate system out of necessity.

    So really what we're looking at is a 'right to privacy' which, by the 9th amendment, is retained by the people - but only in regards to Federal intrusion (as the BoR is an explicitly FEDERAL document). Which, by my reading at least, would imply that the federal government doesn't have ANY legal say over the issue of abortion.

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