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Politics : Formerly About Advanced Micro Devices

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To: tejek who wrote (270042)2/8/2006 9:55:33 PM
From: TimF  Read Replies (3) of 1574757
 
Message 21509397
reason.com

This post linked above isn't about abortion or Roe, but the ideas in it apply even more strongly to Roe. There is at least an explicitly constitutional power to regulate interstate commerce, and a fairly explicit power to use eminent domain for public use. There is no explicit constitutional right to privacy in general, nor any reason in either normal English usage (at least pre-Roe) or in the constitution to equate abortion with privacy. Roe built off of Griswald, which built off of earlier legal theorizing. Each was not a spectacular departure from the legal thought at the time. It might possible to tract back small shift after small shift to the actual constitution (although I can't find any relevant USSC precedent before Griswald). But all those tiny grains add up to a heap of difference from the actual words of the constitution.

Tim
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