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Originally Posted by Shadywood
Well, there you go -- our "Living Constitution" (9 un-elected representatives from the lawyer's union) have told us "Shall not be infringed" really means "infringe all you want"!
Waitaminute... can someone point to the article or amendment that says the Supremes get to "interpret" the Constitution? Oh, I remember! It's not in the contract, it's in that Supreme Court ruling, Marbury vs. Madison, where the Supremes declared themselves the sole arbiters of what our contract with the gooberment actually says.
You can declare the moon made of green cheese and unicorn poop the source of all energy in the known universe. Doesn't make it so, even with a Harvard Law degree.
Regulation? I never said Congress is forbidden from putting some ground rules on our rights -- in fact I specifically supported it. It's legal when the regulations EXPAND the right for the majority, and don't specifically discriminate against the minority. A law saying we have to stop at stop signs is an example of that -- it makes vehicle transportation possible for all of us. A law saying old people must prove they are still competent is an example of age discrimination, and it is already specifically forbidden by the law.
Sentence everybody to a day at the DMV every year if you think you can get your fellow citizens to go along with it. At least it would be constitutional. But making an old man prove he's still competent, just because he has half a century of driving experience is not only un-Consitutional, it's downright stupid.
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Article 3 Section 2
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority...
Constitution also states in Article 10: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
I don't recall driving as one of the freedoms delegated to the US by the Constitution. I also don't recall any state making driving a right. If you don't like it, then you can try to get an Amendment passed. Good luck.
There are times, however, when the Supremes overstep their authority by legislating from the bench. One such court case was Santa Clara County vs Southern Pacific Railroad in 1886, we saw the Supreme Court make a judgement without any discussion or debate. The court clerk simply penned in to the summary, that corporations had personhood, and that act by the clerk is still considered law today, because corruption is in every branch of gov't.