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Originally Posted by detbuch
You are mostly correct in everything you say here. Just one very important thing you should correct. It's not that the word abortion isn't in the Constitution. There are, and will eventually be, an unlimited amount of words (concepts) that are not in the Constitution, but which the federal government has the power to regulate. What makes a concept subject to federal regulation is if it fits within the sphere of a federal enumerated power.
What so-called judicial activism does is twist and stretch beyond all sense the meaning of a word or concept so that it can theoretically appear to fall within the sphere of an enumerated power. Of course, brilliant minds with sinister intent can do that with almost any word or concept. So, for a judicial activist, the Constitution can be shaped to mean whatever the activist claims it means. And he can justify his verbal machination with the judicial cover of "interpretation."
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Correct, something doesn’t have to be explicitly in there to be constitutional. But connecting search and seizure with abortion? Evil Kineval couldn’t make that leap. I guess the difference between sound judgment and radical judicial activism, has to do with how far you are willing to stretch the bounds of common sense. As you say, a sinister genius can be quite effective in this regard.
I’m curious to see who he picks. I also wonder if Clarence Thomas is giving any thought to retiring while the gop has the White House and senate. Ginsberg screwed up royally by not retiring when obama was in office.
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