Blurryeyed wrote:
I agree with both, she would have found a way to make it constitutional on a liberal court, RGB like many liberal justices believes in the living constitutional, conservative justices are a bit split on the issue of a living constitution, several republican appointed justices have bteeen disappointing to conservatives.
Yes, even if every fiber of my body screams that something is unconstitutional if the SCOTUS says it is then under our current system it is.
For awhile yet anyway.
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." The framers of the Constitution had recognized that new rights might be developed in years to come and they wanted to be able to protect those rights.
I am mostly an originalist, but do rely on this provision to allow for additions/amendments to accommodate cultural and technological developments.