Edited by Moristotle
[Items of correspondence are not attributed; they remain anonymous. They have been chosen for their inherent interest as journalism, story, or provocative opinion, which may or may not be shared by the editor or other members of the staff of Moristotle & Co.]
By William Silveira
In 1965 the United States Supreme Court decided the case of Griswold v. Connecticut, which held that the 14th amendment’s due process clause implied a fundamental right to privacy and overturned the Connecticut law. This was the first recognition by the Supreme Court of a constitutional right to privacy. But it has withheld court challenges ever since. So, along comes Roe v. Wade in 1973, in which the Supreme Court had to decide whether a woman’s right to privacy is outweighed by the due process clause, which gives an unborn child a right to life. So then, you had all the debate about when an unborn child is viable and deserving of due process protection, and so on.
A judicial activist?
By James T. Carney
The essence of judicial conservatism is a recognition of the truth of Churchill’s aphorism: “Democracy is the worst form of government – except for any other which has been tried from time to time.” The U.S. Constitution is the foundation upon which our democracy rests. In interpreting the Constitution, one should discern and implement the intent of the founding fathers and one should apply the doctrine of stare decisis (i.e., once decided, always decided) – except under two circumstances.
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