One has to remember that an Amendment to the Constitution is PART of the Constitution, and since it is LATER than the original text of the Constitution actually becomes more relevant.
And so I remind you that the Bill of Rights was ratified by a Congress including a number of folks who were part of the Constitutional Convention, and therefore knew PRECISELY what they were putting into the document.
Since Amy Coney Barrett want to argue that since neither abortion nor birth control are mentioned in the Constitution, perhaps she needs to address the original meaning of these words:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The 9th Amendment makes clear that the Founders fully accepted the notion that not all rights held by the people were specifically enumerated in either the original Constitution or in the Bill of Rights.
And as far as abortion, it was for all practical purposes legally advertised in the newspapers at the time, although the specific term was not used, and you would be hard put to find any criminal prosecutions of either doctors and midwives performing abortions or of the women receiving them.
Oh, and one more point, Judge Barrett. At the time of the Constitution and the Bill of Rights the position of the Catholic Church was that abortion was NOT a mortal sin before the “quickening.” As a Catholic you should know that, unlike the Vicentian Canon the Chruch’s current position on abortion is not something that has been believed at all times by all Catholics. You are imposing a mid-19th Century doctrinal change from the Catholic Church despite the fact that Catholics represent only about ¼ of the population of the US, were at the time of the Constitution and the Bill of Rights perhaps 5% of the population, and even they did hot believe the ideas to which you affixed your name in advertisements you failed to disclose until recently.
If you want to argue strict originalist, then show me any place the Constitution — or the Bill of Rights — guarantees an INDIVIDUAL right to keep and bear arms. Tne 2nd Amendment speaks of the PEOPLE’s right (collectively, and only in a well-regulated militia) to have such a guarantee.
That makes you — and your mentor Scalia — hypocrites who only SELECTIVELY apply your notions of originalism and textualism, and only when it enables positions you favor.
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