Win / KotakuInAction2
KotakuInAction2
Communities Topics Log In Sign Up
Sign In
Hot
All Posts
Settings
All
Profile
Saved
Upvoted
Hidden
Messages

Your Communities

General
AskWin
Funny
Technology
Animals
Sports
Gaming
DIY
Health
Positive
Privacy
News
Changelogs

More Communities

frenworld
OhTwitter
MillionDollarExtreme
NoNewNormal
Ladies
Conspiracies
GreatAwakening
IP2Always
GameDev
ParallelSociety
Privacy Policy
Terms of Service
Content Policy
DEFAULT COMMUNITIES • All General AskWin Funny Technology Animals Sports Gaming DIY Health Positive Privacy
KotakuInAction2 The Official Gamergate Forum
hot new rising top

Sign In or Create an Account

31
Atlantic: The Constitution Is Whatever the Right Wing Says It Is (archive.ph)
posted 4 years ago by Ahaus667 4 years ago by Ahaus667 +31 / -0
19 comments share
19 comments share save hide report block hide replies
You're viewing a single comment thread. View all comments, or full comment thread.
Comments (19)
sorted by:
▲ 2 ▼
– when_we_win_remember 2 points 4 years ago +2 / -0

Abortion is not a constitutional right. That's not how SCOTUS works.

Scalia said

Even though the Constitution makes no mention of abortion, the Court held that it confers a broad right to obtain one.

I'm not sure what you are trying to say, but I just wanted to make sure I understood it correctly. Roe v Wade declared abortion a Constitutional right.

permalink parent save report block reply
▲ 7 ▼
– nuggetpatrol 7 points 4 years ago +7 / -0

Roe v Wade allowed abortion, but it had no constitutional protection. It sat as is, not codified for almost 50 years. Had they done so, it would have had constitutional protection.

permalink parent save report block reply
▲ 2 ▼
– when_we_win_remember 2 points 4 years ago +2 / -0

What means "no constitutional protection?"

One can read the whole decision, but my point was that Scalia said that Roe v Wade found a right to abortion in the Constitution. If I'm reading it wrong, please let me know.

The right to free speech in the Constitution is also phrased as "Congress shall make no law" . Banning the government from restricting something is functionally equivalent to declaring it a right. I understand that the founders believed that rights were given by God and the government could only take them away. I agree with that.

permalink parent save report block reply
▲ 2 ▼
– nuggetpatrol 2 points 4 years ago +2 / -0

It was not yet a law. Congress did not make it a law. It sat on the books without being put into law. That's what being codified means. This is how they were able to take it back. it was not yet codified. There are many like this that they are considering reviewing. SCOTUS by themselves cannot just make laws. They are the judicial branch of government, not the legislative.

permalink parent save report block reply
▲ 4 ▼
– joeyjojoshabadoo1 4 points 4 years ago +4 / -0

Not exactly. What RvW did was use prior precedent: (Griswold v Connecticut) to basically say that abortion was a private medical matter between an abortion doctor and his "patient." Abortion is de facto permitted by no Government, State or Federal, having the legal standing to know about it.

Griswold v Connecticut is where it gets loopy. And it's really the big enchilada that needs to get overturned if America is going to return to any sort of rational Constitutional law. The precedent set in GvC is that there are overall themes to Rights in the Constitution and in the Amendments, and that these themes imply specific Rights not specifically stated.

You may have heard the word "penumbra" used here, which is a "indelible in the hippocampus" way (by which I mean, insufferable, arrogant, and tryhard) of saying "gray area." The argument was literally that the words of the Constitution cast a shadow, and in this shadowy gray area are important things left unsaid but still just as important as the things specifically written. These unwritten things "emanate" (another word used to cloud rather than clarify) outward, going on to suggest more and more unwritten text.

If you have a brain, you understand this is retarded. It renders the Constitution completely meaningless. This perspective gives the Constitution unlimited power, or strips it of all power, depending on how some witch-doctor in a black robe squints at it. In the case of Roe v Wade, the decision was that though the Constitution doesn't state that there is a right to this medical privacy, privacy is implied through creative interpretation.

This new decision on RvW isn't the revocation of a Constitutional right, it's just fixing this stupidity about abortion being under the "penumbra" of implied privacy that "emanates" from Constitutional amendments that very clearly have nothing to do with abortion.

permalink parent save report block reply

Original 8chan Links to Gamer Gate:

.

The main GG discussion is on the videogames board: https://8chan.moe/v/

.

GamerGate archive is at https://8chan.moe/gamergatehq/

.

GamerGate Wiki:

https://ggwiki.deepfreeze.it/index.php/Main_Page

. . . . . .

. . . . . .

Rules:

.

ONE: Do not advocate for illegal violence or post other illegal activity. (Be aware of your local laws.)

.

TWO: Don't threaten, harass, or impersonate users. Also: don't be a psycho. New users will be held to a higher standard.

.

THREE: Do not post porn.

.

FOUR: NSFW/NSFL content must be flaired NSFW.

.

FIVE: No vote manipulation. Do not break communities.win's features.

.

SIX: No spam or reposts. Do not make more than 5 threads a day.

.

SEVEN: Do not post falsehoods and hoaxes that are obvious to an uncontroversial degree.

. . . . . .

. . . . . .

Moderation Logs:

.

(Two different versions, Scored has more features and is cleaner, but .win let's you see a few more details in certain instances.)

  • Scored
  • .win

Moderators

  • DomitiusOfMassilia
  • C
  • BandageBandolier
  • CarmenOfSandiego
  • The_Shadow_of_Intent
  • SocraticMethod1
  • Kienan
  • Smith1980
Message the Moderators

Terms of Service | Privacy Policy

2026.02.01 - pv4fp (status)

Copyright © 2026.

Terms of Service | Privacy Policy