re: #427 LudwigVanQuixote

The Constitution says that the justices will interpret the Constitution. That means they decide what it says. That is how our system works.

Right of privacy, to prevent unlawful abuse of power by police and military is a good thing for instance.

But they do not get invent things that are not in Constitution. Like Wicker, where because a individual farmer might have some effect on interstate commerce the Feds can regulate him, or like Roe where it took emanations of penumbras to create out of whole cloth the Federally Protected right to abortion, and whole list of other decisions.

They can decided what is Unconstitutional. They have no power to create new Constitutional matters out of thin air.

The amendment process is in place to do that. That gives all branches and the people, and the states a say in the matter. Not 9 unelected, life term people.