judicial policymaking, is it not? >> senator, the supreme court has consider that to be an application of the substantive due process clause of the 14th amendment. >> and the constitution doesn't mention anything about the substance when it talks about due process? the 14th in the 15th amendment don't talk about substantive due process, talks about due process of law, correct? >> correct. >> oh one of the things that concerns me is here is an example of the court's finding a new fundamental right that is mentioned nowhere in the document of the constitution. it is the product of simply court made law that we are all supposed to salute smartly and follow, because nine people who
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