---
title: "Meaning & Key Takeaway of: The state has a right to do that [outlaw…"
description: "\"The state has a right to do that [outlaw contraceptives], I have never questioned that the state has a right to do that. It is not a constitutional rig..."
image: "https://sms4smile.com/quotes/i/e53/rick-santorum-1840_activism_the-state-has-a-right-to-do-that-outlaw_181390.jpg"
---

#  The state has a right to do that \[outlaw contraceptives\]…

![“The state has a right to do that &#91;outlaw contraceptives&#93;, I have never questioned that the state has a right to do that. It is not a constitutional right, the state has the right to pass whatever statutes they have. That is the thing I have said about the activism of the Supreme Court, they are…” quote by Rick Santorum](https://sms4smile.com/quotes/i/e53/rick-santorum-1840_activism_the-state-has-a-right-to-do-that-outlaw_181390.jpg)   [Download](https://sms4smile.com/quotes/i/e53/rick-santorum-1840_activism_the-state-has-a-right-to-do-that-outlaw_181390.jpg) [Open image](https://sms4smile.com/quotes/i/e53/rick-santorum-1840_activism_the-state-has-a-right-to-do-that-outlaw_181390.jpg)

> “The state has a right to do that \[outlaw contraceptives\], I have never questioned that the state has a right to do that. It is not a constitutional right, the state has the right to pass whatever statutes they have. That is the thing I have said about the activism of the Supreme Court, they are creating right, and they should be left up to the people to decide.”

[Rick Santorum](https://sms4smile.com/quotes/author/rick-santorum/)

## About This Quote

This interpretation was drafted with AI assistance. It is one reading of the quote, not the author's own explanation.

The speaker argues that the government can legislate on issues like contraceptives because it holds authority to make laws, not because such matters are constitutionally protected. The Supreme Court should not create rights but defer to popular decision‑making.

**In simple terms:** The state can law contraceptives; the Court should defer to people.

Key Takeaway

Recognize the limits of judicial power.

Themes

government authority constitutional law judicial restraint public policy individual rights

Mood

cautious critical

Type

political legal

When to use this quote

- policy debates
- health legislation
- court decisions

Key Concepts

separation of powers legitimacy of lawmaking democratic legitimacy

Questions to Reflect On

- Should courts create rights or leave them to elected bodies?
- How does this view affect reproductive health policy?

A Different Perspective

Courts may overstep by creating rights not grounded in the Constitution.

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[Activism](https://sms4smile.com/quotes/about/activism/) [Constitutional right](https://sms4smile.com/quotes/about/constitutional-right/) [Court](https://sms4smile.com/quotes/about/court/) [Creating](https://sms4smile.com/quotes/about/creating/) [Outlaw](https://sms4smile.com/quotes/about/outlaw/) [People](https://sms4smile.com/quotes/about/people/) [Supreme court](https://sms4smile.com/quotes/about/supreme-court/)

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