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View Diary: A Little Bit of Monarchy (79 comments)

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  •  "Special Needs"? Where? (none)
     The problem here is that the 4th Amendment doesn't contain any "Special Needs" exception. That so-called doctorine is the creation of conservative judges hellbent on distorting the 4th Amendment in order to enlarge goverment power under the auspices of catching, deterring, and punishing criminals.

     In fact, the "expectation of privacy" doctorine is also suspect in this regard. Along with the "special needs" doctorine, and a few others, the 4th Amendment requirement of "resonableness", has come to be paper-thin.

     What is really ironic in this entire mess is that the same people who have built an entire jurisprudence based on not "finding" certain rights in the Constitution unless explicitly written, have no problem "finding", doctorines and inherent powers that suit their political philosophy.

     Therefore I think that Progressives should challenge the defenders of this, to do what they insist those who embrace a "living" Constitution should do when they want to enshrine certain rights. Go to through the political process and amend the Constitution so that the powers they claim now are inherent become explicit. Same goes for the doctorines that bastardize the 4th Amendment as it is now written.

     I think it would be quite illustrative to use their principles against them.

    "Most people would sooner die than think; in fact, they do so."

    by sebastianguy99 on Tue Dec 20, 2005 at 10:45:44 PM PST

    [ Parent ]

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