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.
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.
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.
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.
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.
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.