The majority of Democrats, polls suggest, have followed roughly the same path as the former Yale Law School dean Harold Koh, a staunch critic of Bush's wartime policies who now serves as a legal adviser to the State Department, supplying constitutional justifications for Obama's drone campaigns.
Continuing, "But, just as you don't have an individual right to by an F-15, if you're a billionaire, with ordinance on it, just like you don't have the right to buy an M1 tank, just like you don't have the right to buy an automatic weapon, those judgements have been made that there are no reasonable societal justifications or constitutional justifications for owning them".
Personhood opens a new front in the battle; it attacks Roe's constitutional justification head on.
Laws like Proposition 8, they argue, do nothing to promote stability in heterosexual marriages and, besides, have no constitutional justification.
The principal constitutional justification for the individual mandate is the Commerce Clause, which gives Congress the right to regulate commerce among the states.
As conservatives see it, liberal judges have repeatedly subverted the rule of law in recent decades by overruling elected lawmakers with scant constitutional justification.
Drafting a bill, however, will require conservatives to resolve a fundamental disagreement: how to find constitutional justification for a nationwide ban despite their reservations about giving the government broad regulatory powers.
More recently, in a dissenting opinion, Ruth Bader Ginsburg, joined by three other Justices, offered still another constitutional justification for a woman's right to choose, under a different part of the Fourteenth Amendment: the equal-protection clause.
A true statement, sure, but not a popular one in this crowd.Mr George asked each candidate a very leading question about whether they would consider supporting legislation banning abortions, using the enforcement clause of the 14th amendment as constitutional justification, and whether, having done so, they would face down the Supreme Court over constitutional precedent.
And for them, appointments to the Supreme Court matter most of all.As they see it, liberal activist judges have seized, without constitutional justification, the power to ban prayer from schools, to allow the unborn to be murdered and (in Massachusetts and doubtless soon elsewhere) to allow homosexuals to marry.
After the referendum, Kilpatrick and now Byrd, too, began pressing for an even stronger legislative response, based on the constitutional justification of interposition.
