U.S. Senator Bernie Sanders. Photo by Gage Skidmore.

Bernie Sanders Needs a Civics Lesson #1726

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constitutional rights
n. rights given or reserved to the people by the U.S. Constitution, and in particular, the Bill of Rights (first ten amendments). These rights include: writ of habeas corpus, no bill of attainder, no duties or taxes on transporting goods from one state to another (Article I, Section 9); jury trials (Article III, Section 1); freedom of religion, speech, press (which includes all media), assembly and petition (First Amendment); state militia to bear arms (Second Amendment); no quartering of troops in homes (Third Amendment); no unreasonable search and seizure (Fourth Amendment); major (“capital and infamous”) crimes require indictment, no double jeopardy (more than one prosecution) for the same crime, no self-incrimination, right to due process, right to just compensation for property taken by eminent domain (Fifth Amendment); in criminal law, right to a speedy trial, to confront witnesses against one, and to counsel (Sixth Amendment); trial by jury (Seventh Amendment); right to bail, no excessive fines, and no cruel and unusual punishments (Eighth Amendment); unenumerated rights are reserved to the people (Ninth Amendment); equal protection of the laws (14th Amendment); no racial bars to voting (15th Amendment); no sex bar to voting (19th Amendment); and no poll tax (24th Amendment). Constitutional interpretation has expanded and added nuances to these rights.

Legal definition of constitutional rights and examples – Law.com

There were stupid arguments on both sides.

No slavery was not a constitutional right. Just because something was/is legal did/does not make it a right.

Still doesn’t make it a right.

One of the arguments in Roe v. Wade says the 14th Amendment’s due process clause has a right to privacy as part of the justification for the decision.

3. State criminal abortion laws, like those involved here, that except from criminality only a life-saving procedure on the mother’s behalf without regard to the stage of her pregnancy and other interests involved violate the Due Process Clause of the Fourteenth Amendment, which protects against state action the right to privacy, including a woman’s qualified right to terminate her pregnancy. Though the State cannot override that right, it has legitimate interests in protecting both the pregnant woman’s health and the potentiality of human life, each of which interests grows and reaches a “compelling” point at various stages of the woman’s approach to term

Roe v. Wade Supreme court decision – Findlaw.com

Thoughts

The above tweet from Jeremy is correct. The right to privacy is not in the 14th Amendment. (It is in the 4th, but has more to do with search and seizure of property or persons). The Roe v. Wade justification is just flat wrong. Furthermore here is what the due process clause of the 14th Amendment does say.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Due Process Clause of the 14th Amendment to the Constitution of the United States.

The 14th amendment does however, protect life; seems kind of counter to the Roe v. Wade argument actually.

This is typical Bernie Sanders. A fossil of a Senator from Vermont, who’s never passed a piece of original legislation in his 28 years in Congress.

Everything Bernie Sanders likes, is what should be a right in his eyes.

College.

Environment.

Voting.

Healthcare.

Jobs, housing, retirement.

Fixing tractors.