Rigby5
Diamond Member
That is ridiculous....No wonder it comes from the NYTimes....Look, it's real simple...In order to confer an actual right, that has to be done through a constitutional process via an amendment...ANYTHING other than that is an illusion subject to the whims of future courts or bodies of Congress....
Now, if the support for Roe is so popular as you and other libs say then an amendment shouldn't be a problem...In fact the only reason NOT to do so, is because you know it would fail to meet the standards.
Totally wrong.
Rights are not and can not ever be "conferred".
Rights have to already exist before any legislative body can legislation protection for those always existing, inherent, individual rights.
If rights can be arbitrarily "conferred", then there is nothing to prevent them from later be arbitrarily denied.
And rights are not supposed to be arbitrary at all.
They are supposed to be pre-existing and immutable.
If there was a legislative mistake, it can be corrected, but the abstraction is not supposed to change, ever.
There are NOT supposed to be any rights conferred by the Bill of Rights or any amendment.
Some rights are mentioned in the Bill of Rights, but that is just to explicitly ensure the federal government is prevented from having any jurisdiction that might be used to infringe upon them.
I agree some sort of Bill of Individual Rights would be useful sometimes, but was deliberately never done because it is impossible. Individual rights are infinite, so can never be fully listed.
So the illusion of a Bill of Individual Rights must not be attempted, since it would allow many to incorrectly assume government grants rights, and that is wrong.
Government is supposed to obey rights, not grant them.
And government is supposed to be very limited in what they can have jurisdiction over at all.
Medical procedures by a woman, being something no government is supposed to have any jurisdiction over at all, in any way.
Does that leave abortion rights up to judicial precedent?
Yes of course, and that is the way is it supposed to be.
You let the experts handle it, with their appropriate appeals process.
You do not let the bull in the china shop politicians or executive start arresting people.