Saturday, December 22, 2007

How Roe v Wade Changed the US Constitution Forever

Just what is "a compelling state interest"? Could there possibly be a more amorphous term, abusable term? More importantly, who defines it? Remember that whoever gets to define compelling state interest becomes our de facto ruler.
I think there is a really good reason that the framers of the Constitution did now write that "the government has all powers that there is a compelling state interest to have". This line would have made the document a license for totalitarianism, but for some reason, our courts have basically rewritten the Constitution to read just this way.
The only thing stopping us from being a totalitarian state today are judges that are willing to read "compelling state interest" narrowly. And these judges just slow the process of creeping statism.

After a respite, from CBL's December 2008 Golden Lemon Award Winner: Coyote Blog

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