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You don't think that it is suspicious that this "Right" supposedly clearly evident in the Constitution did not exist for nearly 200 years?
It is very clearly judicial activism. They thought it "ought" to be in the Constituiton so they invented it.
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The Court didn't claim to 'invent' nor 'find' the right to privacy (which extends to the right to have an abortion). Nor did they claim 'the right isn't there, but it ought to be - so now it exists'.
They argued that right has
always been there (so says Justice Douglas in
Griswold v. Connecticut, which formed the basis of
Roe ):
"specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance."
I know, I know - conservatives don't like the words penumbra and emanate. They sound kind of funny, so, I understand. But that isn't SCOTUS claiming "Hey, look at this funny [censored] we just made up" - despite whatever nonsense you might hear from the right. It's the legitimate business of jurisprudence; something everyone on all sides is engaged in.
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Or put another way: the right to an Air Force isn't in the Constitution, nor did it exist in this country's first 150 years.
You can survey Article I of the Constitution for yourself, if you don't believe me:
Article I, Secion VIII:
<font color="blue">"Clause 1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
Clause 2: To borrow Money on the credit of the United States;
Clause 3: To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
Clause 4: To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
Clause 5: To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
Clause 6: To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
Clause 7: To establish Post Offices and post Roads;
Clause 8: To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
Clause 9: To constitute Tribunals inferior to the supreme Court;
Clause 10: To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
Clause 11: To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
Clause 12: To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
Clause 13: To provide and maintain a Navy;
Clause 14: To make Rules for the Government and Regulation of the land and naval Forces;
Clause 15: To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
Clause 16: To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
Clause 17: To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, byCession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And
Clause 18: To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." </font>
I'm willing to wager even Robert Bork would uphold the Constitutional legitimacy of the Air Force. How could he do such a thing? By interpreting, of course. You say to-mat-to, I say to-mat-ta. You say 'judicial activism', I say 'legitimate jurisprudence'.
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I don't disagree with the notion of a "Right to Privacy" and I think that the founder had something like that in mind as well. My whole problem is that it is a tricky business to start reinterpreting the language to expand the right of something. The "Right to an abortion" is an extension of the right to privacy which is an extention of several other clauses. Now, With the Griswold case it was a "good" move but it opens the door for reinterpreting to include the "Right to an Abortion". I think there should be a right to privacy and I think, just like Roberts believes, that there are "general" provisions that make up the right to privacy. I do not see those general provision to include "The Right to an Abortion". It was the time that they believed that it ought to apply so they invented.
I don't understand your non sequitur on the Air Force. Air Force is just an equipmental division from the Army. You can just reorg the Air Force under the army and it would not be in violation of the Constitution. So I don't understand the bearing.
-Gryph