In recent decades, one of the complaints about Supreme Court rulings is that the Court has chosen to find “rights” where the right is not explicitly stated in the Bill of Rights of the Constitution.  The Supreme Court, as the highest court of the U.S., is authorized by the Constitution to rule on cases where constitutional rights and protections are at issue. But it has not been clear whether this means that the Supreme Court can, in their rulings, resolve an issue by establishing a right for persons that is not included in the Bill of Rights. After all, Article III, Section 1 states “The Judicial Power shall extend to all cases, In Law and Equity, arising under this Constitution…” It does not say the Supreme Court has the power to establish new rights. The two major rights the Supreme Court has recently established include the abortion right and the right to same-sex marriage.  These rights, while established by the Supreme Court, are...(Read Full Article)