SavannahMann
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- Nov 16, 2016
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This would be a good discussion, but I think you should start a separate thread. But briefly, the founders wanted to make sure that citizens of the new country would not be oppressed under a forced religion, such as was experienced in England. My guess would he there was similar oppression regarding free speech, but perhaps someone else can speak to that.
And to your question as to why religious expression and free speech is specifically given on the individual basis, and not abortion, the answer is obvious to me: it was seen as a positive to allow freedom regarding religion and speech, but the founders did not consider the ability to to abort one’s own baby as so fundamental to freedom that the same right was not granted. The same could be said as to why freedom to smack people’s heads onto rocks was not granted as an individual right.
The founders didn’t make it individual. They specifically limited the restriction to Congress. We can’t have a National Religion. But using the originalist Text Wyoming could outlaw Scientology. Or Michigan could make Islam the only approved religion in the State.
It was a later Supreme Court decision that made the right individual. The Supreme Court struck down state laws which punished among other things speech. The Blue Laws that were found in nearly every state.
If you go by the original intent as written by the founders. The Supreme Court created the individual right to freedom of speech and religion out of thin air.
So what is the difference between Roe and Free Speech? The individual right was created out of thin air in both cases.