bird wrote: ↑Wed Jun 28, 2023 2:32 pm
Since the document itself only forbids three things: ex post facto laws, bills of attainder and religious tests to hold office, any case not involving these three things (and issues related to the bill of rights/amendments) obviously becomes a battle of personal opinion and belief structures. An example is the Dodd decision. Alito wrote that the right to an abortion does not appear in the constitution. Setting aside the juvenile statement we must also note that the vast majority of human actions and interactions do not appear in the constitution. As a point of my own opinion, abortion is a fourth amendment issue meaning a person to feel secure in their person. But I digress slightly. You do not have a right to drive a car under the constitution as that human action does not appear there as an example. You do not have a right to do virtually anything including medical procedures using Alito’s logic. No, the fact (imo
) is that the opinions of the justices are their personal opinions, nothing more, nothing less. The citing of various other cases is simply citing other judges personal opinions that happen to mesh with their own.
The pie-in-the-sky wish that humans no matter who they are will be able to put aside personal bias is simplistic and can be dangerous.
The document has more than three “no,no’s’
“
The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
No Bill of Attainder or ex post facto Law shall be passed.
No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.
No Tax or Duty shall be laid on Articles exported from any State.
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.“
And the “no capitation “ no,no is why we have the 16th amendment and an amendment is necessary for a wealth tax.