Saturday, November 19, 2005

Irreconcilable Difference With Buckley

... whatever one feels about the right of a woman to put in for an abortion, that right is not asserted in the Constitution of the United States, nor is it implicit in any reasonably argued defense of individual privacy.
Buckley's piece is actually about the distinction between a judge's allegiance to the law vs. a judge's political philosophy, and I can go along with him on that. I suppose Alito is as good a candidate as is likely to be nominated by the Republican administration or approved by the Senate. The Senate should confirm the man and get on to other vitally important matters presently being ill addressed if addressed at all.

However, I disagree vehemently with Mr. Buckley's opinions about the lack of a Constitutional foundation for abortion and privacy.

Thirty years ago, when I was in Army counterintelligence agent training, one of the most important training topics was the law. I don't recall the trainer's name, but he impressed me greatly. One of the things I recall was that lawyer's opinion that the Soviet constitution was a beautiful document but that it was just pretty window dressing - not applicable to real life.

Well, that's how I'm coming to view the US Constitution.

Mr. Buckley says above that the US Constitution does not contain the foundations of an abortion right.

I'm no lawyuh, but I say Bullshit.

The Ninth amendment says, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." As far as I'm concerned, THAT's where the foundation of the right to privacy lies, and by extension where the right of a woman to make her own choices about abortion is established.

Unfortunately, it seems to me the Ninth Amendment has been turned around such that the lack of enumeration of certain rights is construed to disparage them. That's exactly what Buckley is doing when he writes that the "right is not asserted in the Constitution of the United States". It doesn't need to be explicitly asserted, Bill. That's the whole purpose behind the Ninth Amendment.

I guess it's a question of picking your trumps.

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