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Strict constructionism=negate Roe?


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LuckyStrike's Avatar
Computer Specs
Senior Member with 1,819 posts.
 
Join Date: Nov 2004
Location: Central Illinois
Experience: Intermediate
19-Feb-2007, 02:58 PM #1
Strict constructionism=negate Roe?
Quote:
Originally Posted by Susan Estrich
What is his point in invoking "strict construction" as a standard for judges? If it doesn't mean no Roe, what does it mean?
http://www.creators.com/opinion/susa...olumnsName=ses

In her article, Susan Estrich seems to be equating strict constructionist interpretation of the constitution to mean anti Roe vs Wade.

It occurs to me that equating strict construction with anti Roe is tantamount to admitting or acknowledging that there is no constitutional right to abortion. If that is the case, then according to the tenth amendment "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

So Roe is contrary to the constitution and the power to regulate or not regulate abortion is reserved by the constitution to the states and by extension the people of each state by representation.

Last edited by LuckyStrike : 19-Feb-2007 03:07 PM.
Littlefield's Avatar
Distinguished Member with 7,609 posts.
 
Join Date: Mar 2006
20-Feb-2007, 12:22 AM #2
John McCain is now saying Roe should be overturned .I guess he is going to argue each state should make that decision.
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