C_Clayton_Jones
Diamond Member
- Apr 28, 2011
- 78,549
- 38,936
And it established the principle of judicial review, also nowhere in the Constitution.
It also established the doctrine that the Supreme Court decides what the Constitution means, per the rule of law.
But feel free to cite a Supreme Court case overturning Marbury or the right to privacy.
Absent that, you and Santorum are free to exhibit your ignorance of Constitutional case law to your hearts content.
Or is it my understanding that this is indeed the position of the radical right, TPM, et al that all the Supreme Court rulings starting with and including Marbury are to be ignored?
Are you aware of the principle of stare decisis? Were you aware that the likes of Robert Bork agreed with the Marbury ruling (not that his opinion was required)?
If thats the case then you and your ilk are hopelessly lost in arrogance and ignorance.
The 4A establishes a right to sodomy??
14th Amendment, right to privacy:
In Lawrence v. Texas, the Supreme Court, in a 6-3 decision, declared unconstitutional a Texas law that prohibited sexual acts between same sex couples. Justice Anthony Kennedy, writing for the majority, held that the right to privacy protects a right for adults to engage in private, consensual homosexual activity. Justice Kennedy's opinion expressly overruled the Court's decision in Bowers v. Hardwick (1986), which had come to an opposite conclusion. Justice Sandra Day O'Connor concurred in the judgment and said that she would not overrule Bowers, but would declare the Texas law unconstitutional on equal protection grounds because it prohibits sexual acts between same sex couples that are allowed between opposite sex couples.
Justice Kennedy's majority opinion forcefully declared that there is a fundamental right for consenting adults to engage in private sexual activity. Justice Kennedy said that this right is protected under the word "liberty" in the due process clause of the Fourteenth Amendment. Justice Kennedy spoke eloquently of the importance of this interest. Justice Kennedy wrote: "The Court began its substantive discussion in Bowers as follows: 'The issue presented is whether the Federal Constitution confers a fundamental right upon homosexuals to engage in sodomy and hence invalidates the laws of the many States that still make such conduct illegal and have done so for a very long time.' That statement, we now conclude, discloses the Court's own failure to appreciate the extent of the liberty at stake. To say that the issue in Bowers was simply the right to engage in certain sexual conduct demeans the claim the individual put forward, just as it would demean a married couple were it to be said marriage is simply about the right to have sexual intercourse." He further stated: "When sexuality finds overt expression in intimate conduct with another person, the conduct can be but one element in a personal bond that is more enduring. The liberty protected by the Constitution allows homosexual persons the right to make this choice."
Justice Kennedy explained that the Court has protected the right to privacy under the due process clause since early in the 20th century. Justice Kennedy expressly analogized to Supreme Court precedents protecting the rights to purchase and use contraceptives and right to abortion as aspects of privacy. The Court expressly overruled Bowers v. Hardwick and disputed that decision's conclusion that history supported the ability of states to prohibit private, consensual homosexual activity. The Court thus emphatically held that the Texas sodomy law violated the right to privacy under the due process clause of the Fourteenth Amendment.
Lawrence v. Texas
Now, again, you and Santorum may dislike and disagree with the above all you like - but understand its the law of the land, and both of you are required to abide by it.
This may also help you understand, from the Lawrence ruling:
Had those who drew and ratified the Due Process Clauses of the Fifth Amendment or the Fourteenth Amendment known the components of liberty in its manifold possibilities, they might have been more specific. They did not presume to have this insight. They knew times can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress. As the Constitution endures, persons in every generation can invoke its principles in their own search for greater freedom.
LAWRENCE V. TEXAS