emilynghiem
Constitutionalist / Universalist
[MENTION=15512]Dante[/MENTION]
Fifth Amendment Court Cases - Due Process Clause
I looked up the relationship between Roe V Wade and "due process"
The technical argument/term is "substantive due process"
which combines what YOU were saying about "right to privacy" (not expressly
in the Constitution, but neither is "right to health care," or "Consent of the Governed")
with what I was saying about "due process" (ie depriving people of liberty before proving any crime had been committed)
Now, my question is can this argument of "substantive due process" (used to defend free choice of "reproductive health")
be applied to argue, similarly, that the federal govt has no right to impose a penalty/fine
by taxation based on someone's BELIEF, CHOICE or DECISION about "health care"?
If this "substantive due process" argument can be used to rule that the
decision for women to have abortions is PRIVATE and not for govt regulation,
what about the decision to "pay for one's own health care other ways besides insurance"?
(NOTE: I can understand why the prolife opponents of ACA cannot make this argument if they do not recognize Roe V Wade. is THAT why this legal argument is not pursued???)
Dante if you were on the Supreme Court, and this case came to you, using Roe V Wade to strike down the federal mandates based on "substantive due process"
what would you argue to distinguish the two cases? Thanks!
Fifth Amendment Court Cases - Due Process Clause
I looked up the relationship between Roe V Wade and "due process"
The technical argument/term is "substantive due process"
which combines what YOU were saying about "right to privacy" (not expressly
in the Constitution, but neither is "right to health care," or "Consent of the Governed")
with what I was saying about "due process" (ie depriving people of liberty before proving any crime had been committed)
Now, my question is can this argument of "substantive due process" (used to defend free choice of "reproductive health")
be applied to argue, similarly, that the federal govt has no right to impose a penalty/fine
by taxation based on someone's BELIEF, CHOICE or DECISION about "health care"?
If this "substantive due process" argument can be used to rule that the
decision for women to have abortions is PRIVATE and not for govt regulation,
what about the decision to "pay for one's own health care other ways besides insurance"?
(NOTE: I can understand why the prolife opponents of ACA cannot make this argument if they do not recognize Roe V Wade. is THAT why this legal argument is not pursued???)
Dante if you were on the Supreme Court, and this case came to you, using Roe V Wade to strike down the federal mandates based on "substantive due process"
what would you argue to distinguish the two cases? Thanks!
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