Big Question Number Four: Is the Supreme Court moving to reduce the rights (both civil and human) of individuals?
YES. Both the ‘Hobby Lobby’ and ‘Citizen’s United’ decisions have already granted greater power and rights to corporations, larger groups, and organizations, reducing the political and economic power of the each person.
The rest of my questions are directly to The Supreme Court, with statements (in quotes) taken directly from The Supreme Court’s official website: supremecourt.gov.
–Question: Why is Roe v. Wade, a decision on a complicated situation in 1973, no longer a legitimate tool “assuring individual rights, as well as in maintaining a ‘living Constitution’ or providing the “balance between society’s need for order and the individual’s right to freedom?”
–Question: How does overturning Roe v. Wade damage or weaken the “society’s need for order?” Quote from The Supreme Court’s official website, emphasis is mine. “The Constitution of the United States is a carefully balanced document. It is designed to provide for a national government sufficiently strong and flexible to meet the needs of the republic, yet sufficiently limited and just to protect the guaranteed rights of citizens; it permits a balance between society’s need for order and the individual’s right to freedom. To assure these ends, the Framers of the Constitution created three independent and coequal branches of government. That this Constitution has provided continuous democratic government through the periodic stresses of more than two centuries illustrates the genius of the American system of government. The complex role of the Supreme Court in this system derives from its authority to invalidate legislation or executive actions which, in the Court’s considered judgment, conflict with the Constitution. This power of ‘judicial review’ has given the Court a crucial responsibility in assuring individual rights, as well as in maintaining a ‘living Constitution’ whose broad provisions are continually applied to complicated new situations.”
–Question: If the right to privacy to make a personal medical choice, such as obtaining an abortion, is not explicitly provided in the Constitution, why was it not “invoked’ with the Roe v. Wade decision?
Question: Why was the Supreme Court able to invoke the power of judicial review for itself, when that power was not explicitly provided in the Constitution? Quote from The Supreme Court’s official website, emphasis is mine. “While the function of judicial review is not explicitly provided in the Constitution, it had been anticipated before the adoption of that document. Prior to 1789, state courts had already overturned legislative acts which conflicted with state constitutions. Moreover, many of the Founding Fathers expected the Supreme Court to assume this role in regard to the Constitution; Alexander Hamilton and James Madison, for example, had underlined the importance of judicial review in the Federalist Papers, which urged adoption of the Constitution.”
Despite this background the Court’s power of judicial review was not confirmed until 1803, when it was invoked by Chief Justice John Marshall in Marbury v. Madison. In this decision, the Chief Justice asserted that the Supreme Court’s responsibility to overturn unconstitutional legislation was a necessary consequence of its sworn duty to uphold the Constitution. That oath could not be fulfilled any other way. “It is emphatically the province of the judicial department to say what the law is,” he declared. In retrospect, it is evident that constitutional interpretation and application were made necessary by the very nature of the Constitution. The Founding Fathers had wisely worded that document in rather general terms leaving it open to future elaboration to meet changing conditions.”
–Question: Isn’t the overturning of Roe v. Wade creating “a crisis of human affairs?” Quote from The Supreme Court’s official website, emphasis is mine. “Chief Justice Marshall expressed the challenge which the Supreme Court faces in maintaining free government by noting: “We must never forget that it is a constitution we are expounding . . . intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs.”
–Question: Why isn’t Roe v. Wade considered “settled law” and what has changed since all of the recent Supreme Court nominees stated it was “settled law” during their confirmation testimony. Quote from The Supreme Court’s official website, emphasis is mine. “When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. However, when the Court interprets a statute, new legislative action can be taken.”
Big Question Number Five: What do you think? Do you think Roe v. Wade should have been overturned? If not, what are you going to do about it?