Thursday, February 24, 2005
Who Decides?
Earlier this week while listening to National Public Radio in the morning, I heard an interview with a man with a cause. The cause is getting the federal judges back on the right track of deciding cases on the basis of the original intent of the founding fathers rather than recent precedents. The man cited the Federalist Papers as an expression of the original intent of the constitution. I guess he is a member of the Federalist Society, an organization of Conservative Republicans who want to return to the way things were before FDR was President.
The man (I can’t remember his name) cited the Supreme Court decision Roe v. Wade as an example of the Court not following the original intent. He argued that the Court should not make the decision as to whether a woman could or couldn’t have an abortion. At this point I was in agreement with him. He then said that such a decision should be made by elected representatives of the people, not by judges appointed for life. He wants the Court to rescind the Roe v. Wade decision and let each State legislature decide the matter. At this point I disagreed with him. Why should government make the decision at all? Why not let the woman decide for herself?
But, isn’t that just what the Supreme Court decided? The woman has a right to privacy. No government agency should tell her what she can or can’t do with her own body.
The man was also upset that the Massachusetts Supreme Court has decided that the State’s constitution forbids any ban on gay marriages. The situation can’t be changed except by a vote of the people to amend the constitution. The vote will be held in about two years. Meanwhile, the court’s decision stands.
The man (I can’t remember his name) cited the Supreme Court decision Roe v. Wade as an example of the Court not following the original intent. He argued that the Court should not make the decision as to whether a woman could or couldn’t have an abortion. At this point I was in agreement with him. He then said that such a decision should be made by elected representatives of the people, not by judges appointed for life. He wants the Court to rescind the Roe v. Wade decision and let each State legislature decide the matter. At this point I disagreed with him. Why should government make the decision at all? Why not let the woman decide for herself?
But, isn’t that just what the Supreme Court decided? The woman has a right to privacy. No government agency should tell her what she can or can’t do with her own body.
The man was also upset that the Massachusetts Supreme Court has decided that the State’s constitution forbids any ban on gay marriages. The situation can’t be changed except by a vote of the people to amend the constitution. The vote will be held in about two years. Meanwhile, the court’s decision stands.
