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Originally Posted by ubertuber
I'd actually call that ruling in accordance with the 10th amendment. Maybe I'm misunderstanding you though.
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yes and no. I hate to use this example, but abortion is an example of activism. Using the 'right to privacy' claim to make abortion legal is not against the constitution, per se, it makes it activism by making a law within the judiciary where they have no power to do so. A decision liked by some, disliked by others. Does it violate the 10th? Yes and no, in that it takes away the states ability to decide that by invoking the 4th and 14th.
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"no amount of force can control a free man, a man whose mind is free. No, not the rack, not fission bombs, not anything. You cannot conquer a free man; the most you can do is kill him."
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