Quote:
Originally Posted by Pete F.
Which of these 7 things are unconstitutional?
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1. Employers cannot discriminate against employees based on gender or reproductive choices.
There is nothing in Constitutional text that gives the federal government the power to force private employers to hire people they don't want to hire.
3. Women have the right to financial independence and equal benefits.
They may have those rights, but constitutional text does not deny private employers the right to pay whatever level of recompense they wish to pay to different employees.
4. Men are entitled to the same caregiving and Social Security rights as women.
Constitutional text would leave choice of caregiving to private caregivers so long as they don't break criminal law--which would leave the prosecution up to state and local courts.
5. Juries must include women.
Constitutional text says:
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense."
I doesn't say juries must include women. It has been assumed that a jury must be composed of the defendant's peers. But "peers" doesn't always require the jury to include women.
6. Ginsburg's legal advocacy pushed the military to drop its policy on abortion.
There is nothing in constitutional text that requires any particular policy on abortion. But, I assume that since the US military is under the jurisdiction of the federal government, then the federal government can impose whatever policy on the military it wishes.
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