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I’d like you to construct an initial post that discusses Enumerated vs. Un-Enumerated rights. Should judges be empowered to extend a right or protection not already in the law? Please consider responding to one or more of the following items. You will need to watch the video below which you will be discussing:
Gorsch clip:
“It adds determinacy to the law. We have lots of tools that allow us to narrow the realm of admissible dispute between parties, so that people can anticipate and organize their affairs. Its part of the reason why the rule of law in this country works so well. We have statutes. We have rules. We have a fact finding process and a judicial system that’s the envy of the world. And Precedent is a key part of that…Once a case is settled, that adds to the determinacy of the law. What was once a hotly contested issue, is no longer a hotly contested issue. We move forward.”
I applied that statement when predicting the future of Roe. Do you hear an implication about Roe in his response? If so, let me know in your post.
* Did the complexity of the specific details LegalEagle offered surprise you? Was it too clinical to keep your attention?
* Did the Gorsuch clip give you the same initial conclusion that I made? I’m kind of shrugging the potential dishonesty off as a normal part of the process. Is it important enough to even have a conversation about increasing the size of the court, or impeaching Kavanaugh and Gorsuch?
* Reliance on state legislatures – The argument that elected representatives should be responsible for extending rights and protection is elegant isn’t it? Dobbs returned the question of Abortion to the states. If unenumerated right were left to legislatures, would there be protections for privacy, contraceptives, private intimate relations, and same sex marriage?…Context – You need 38 states to agree to amend the Constitution.
* Has Dobbs changed your level of trust and or level of interest in the courts?
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