Please read MARBURY v. MADISON, 5 U.S. 137 (1803)
http://caselaw.lp.findlaw.com/script...ol=5&invol=137
Here is a good insight into it:
http://en.wikipedia.org/wiki/Marbury_v._Madison
Please note the Federalist regime's manipulation of the law in this case
In the end and since 1803, the Court has had the ability to pronounce things Unconstitutional. Other than Roe, which you do not agree with, the system has worked fairly well; many have benefited from it. Moreover, without the review created in Marbury, supra, the 64 Civil Rights Act (the very one you think or at least (hopefully) thought the R's were responsible for
) -- would never have come about. So, while I readily agree that Justice Blackmun went bouncing thorough the Constituion with poms poms cheering P R I V A C Y -- how is the created right (which clearly is implied) such a bad thing
What harm has it caused? True, many fetus' have been destroyed under it which many consider a bad act against an innocent - but holding that aside (after all I consider that a call between the mother and her maker) - what truly awful things have happened since the creation of the right to privacy? I suggest it has been overwhelmingly good in its application. Same with the Equal Protection and Due Process clauses. Again, some abuse has taken place and that is bad, but the end result generally is that we are a freer society with less govt. interference. So, I am willing to take the hit on the academic Federalist argument. How about you? In other words, other than that academic argument and some abuse of the system, hasn't Marbury been mostly stellar in its applications?