Quote from: Recusant on May 20, 2022, 06:49:43 AMIn the theory of government behind the US Constitution, all power and rights are held by the people. The people elect representatives to administer those powers and rights. Thus the 9th Amendment. In this understanding, government does not and can not bestow "new rights." It protects and regulates rights, which are inherent to the people.I see what you are saying, and yet I also see what seems to be reasonable legal arguments that go the other way.
A right to privacy is implicitly acknowledged in the Bill of Rights, including the 1st Amendment, the 3rd Amendment, the 4th Amendment and the 5th Amendment. In addition, the due process clause of the 14th Amendment was cited by the US Supreme Court as protecting a right to freedom from undue interference (aka a right to privacy) long before Roe v. Wade.
Quote from: Anne D. on May 19, 2022, 12:53:54 PMIndeed, and I did not contest any part of your explanation - just the overarching theme of where a law comes from. There is a reason for dividing the government into three branches - that way, none can (or, supposed to be able to) mess with the nation too badly.Quote from: Asmodean on May 19, 2022, 07:19:11 AMThing is though, the constitution itself is subject to change
Of course. In practice, it's very difficult and rare, especially in later decades. (See the fight for the ERA.)
You seemed to have no knowledge of the role the U.S. judicial branch plays. I was explaining that to you.
Quote from: Asmodean on May 19, 2022, 07:19:11 AMThing is though, the constitution itself is subject to change