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Judicial Activism


scrambler

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I'm fascinated with how things work, things like law and economics, because I realize how little I know. And, I'm terribly bored.

 

The legal world. What do ya think about judicial activism, especially two particular items. First, Santa Clara County v. Southern Pacific Railroad Company. This ruling set the precedent in 1886 that granted to corporations the same legal rights and protections the Constitution affords to any person. In essence, the US Supreme Court decided that a private corporation is a person, thereby effecting a profound historical change in favor of the rise of global corporate power. More details here:1886 Supreme Court decision

 

Second, our constitutional right of privacy. Our individual right to privacy is implied by the courts but is never actually stated in the federal Constitution. The precedent evolved from a 1965 ruling in Connecticut that concerned a ban on the sale and use of contraceptives. And, of course, you're aware of the 1973 ruling regarding abortion rights under Roe vs. Wade. Most recently, witness the Supreme Court decision regarding the anti-sodomy law in Texas. My ignorance led me to believe that somehow since the privacy clause was invoked in the context of sexual relations then it had something to do with our inalienable Right to Life, Liberty and the pursuit of Happiness as articulated in the Declaration of Independence. Nope, we talking about the evolution of society and the function of a living, not static, document.

 

Like I said, I'm terribly bored...

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