Tuesday, July 14, 2009

Settled Law

Judge Sotomayor has said that abortion is settled law. This has of course been said by many people at many times. I believe they are saying that existing precedent law must be followed and what goes unsaid is that any changes to current abortion laws must be confirmed by the all knowing all seeing justices.

As I read it there are other pieces of settled law that were not respected. The ninth and tenth amendments were settled law. They are actually part of the Constitution and ratified by the states. Over the last one hundred years we have chipped away at these amendments that leave powers not provided for to the states. The court has chipped away at the Commerce clause and the first amendment freedoms as if not settled law.

If the court and congress can chip away at ratified law why on earth would we consider precedent based activist judge created law sacrosanct? It boggles the mind if you take time to think about it.

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