Quote:
Originally Posted by Jim in CT
Exactly wrong. The only way it got settled in the first place, was because of activist judges. The constitution lists specific powers enumerated to the feds, and it explicitly states that everything else, is left to the states. The word abortion isn't in there. They justified it, by claiming that the federal protection against "unreasonable search and seizure" implies that abortion is OK? That's quite a leap, which is akin to activism. In my opinion, it should go to the states, the vast majority of which would uphold it, because as you say, that's what people want.
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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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