K
KMC
Guest
I find it amazing that the same group of people that defend “rights” not found in the constitution (right to marry, right to kill the unborn) quickly dismiss actual rights actually written into the constitution (like their support of HHS mandate over the Little Sisters of the Poor, or their dismissal of the 2nd Amendment). I’ve even been accused of being a “10th-er” (it was used as a pejorative, much like “birther”) because I had the audacity to say “if its not found in the constitution, its up to the states”.If you are not a strict constructionist, then you should have no complaint here. After all, the Court has also found an imaginary right to marriage that states must acknowledge, an imaginary right to kill the soon-to-be-born, and an imaginary power of the general government to impose these imaginary rights.
But a strict constructionist of course requires the Court to properly apply the constitution on modern circumstances, recognizing again that individual rights Trump government power. So, while same gender couples have always had a right to “marry”, the is no enumerated power to force states to recognize any marriage.
I believe individuals have the right to associate for redress of grievances, hence the right to pool resources to support political candidates
We need to know that the “rules of the game” are…if you believe in the 'living, breathing document" view of the constitution, there is no way to know the rules of the game because they get made up as the game goes on.