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they did when it was Roe vs. Wade
but the Constitution say that the Judicial branch interprets the laws not make them
making the laws is Congress's job am i right or wrong

2007-09-22 10:34:04 · 7 answers · asked by Anonymous in Politics & Government Other - Politics & Government

7 answers

Roe verse Wade is unconstitutional.
Every one pretty much agrees on that.

2007-09-22 10:37:47 · answer #1 · answered by Anonymous · 1 4

Indirectly they do when the case involves their interpretation of that law as applied to the Constitution.

You see this all the time in the Supreme Court when they rule a law as unconstitutional or alter the meaning of the law by interpreting it's meaning based on the Constitution.

In Roe vs Wade, the Supreme Court ruled that a woman had a constitutional right to have an abortion based on her 1st Amd right to privacy over what happens medically to her body.

2007-09-26 08:32:54 · answer #2 · answered by BeachBum 7 · 0 0

Judicial Branch doesn't and hasn't really made laws...they only review and interpret them Legislative Branch passes all laws, judicial makes sure they are constitutional too

2016-05-21 01:19:56 · answer #3 · answered by Anonymous · 0 1

I don't think so, I can think the Legislative branch thinks up the idea of the law. The Judicial branch interprets the law.

2007-09-22 10:47:02 · answer #4 · answered by amin_hosni 3 · 0 0

Just where in the Constitution does it say exactly what the Supreme does? The Supreme Court has been creating law for two hundred years. It is nothing new. No one complains when is Scalia and his lap dog, Thoma, who make law.

2007-09-22 10:54:59 · answer #5 · answered by bigjohn B 7 · 1 1

No actually they interperted that the constitution guaranteed the right to have an abortion to the people via the 14th amendment and more specifically the due process clause which reads as follows:
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.

And thus any law against abortion is by that logic unconstitutional.

2007-09-22 10:42:03 · answer #6 · answered by UriK 5 · 2 3

no

2007-09-22 11:29:30 · answer #7 · answered by CHRIS S 2 · 0 0

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