[lehighguy]

Leaving out things like eminient domain, the patriot act, and a million others (the court takign away our freedoms), I want to tackle your other questions.

Is the court allowed to determine what laws we as a society are allowed to govern ourselves by if there is nothing said about it in the constitution. For instance In Atkins (2003) the court outlawed using the death penalty against people that were slightly mentally retarded. A reading of the case brings one to the obvious conclusion that the logic used will neccessitate and outlawing of the death penalty in general. Under what grounds does the court decide this?

Roe v Wade is basically the court determining that a fetus isn't alive. If it is alive, then it is protected by homicide law like any other citizen. It would be rediculous if the court ruled that a 30 year old person wasn't in fact alive so murdering him is legal. On what grounds therefore does it determine what constitutes live?