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View Diary: GunFAIL IV (199 comments)

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  •  Although... (0+ / 0-)

    ...the Fourth Amendment in its very text specifically recognizes that the Federal government is only barred from unreasonable searches [emphasis added]:

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
    I.e., the Founders recognized that the Fourth Amendment represented a qualified right and left it up to interpretation on what "unreasonable" might mean.

    However the Second Amendment uses very absolute and unequivocal language in the part about the "extent" of the right (ignoring debates about militias etc for the moment) [emphasis added]:

    A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

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