General Discussion
In reply to the discussion: Democrats should not delay Amy Coney Barrett's nomination. Let it proceed. [View all]DallasNE
(7,617 posts)Democrats need to take on the gibberish called original intent and strict construction. Neither can ever be established so they are garbage concepts. Example: Citizens United.
But let's examine the 4th Amendment.
"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."
Point 1, the meaning of words change over time. What did "papers, and effects" mean back then. Today we use the wording "documents, and belongings" and we don't differentiate between physical and electronic documents. Indeed, we now use electronic signatures. But the courts have ruled that papers means on paper. That means that a hard copy document is protected but the identical electronic document is not. Talk about dancing on a pin head. Now if the original intent is that persons are to be secure from having their privacy violated by the government unless there is a probable cause then that would today cover electronic documents and phone calls over the airwaves but "originalist" deny the clear meaning of the 4th Amendment. Part of this is because they look elsewhere in the Constitution and erode the clear meaning. The same is happening today with the establishment clause where Judges actually believe we are not a secular nation - something that cannot be squared with original intent. Do I need to mention a "well regulated militia". No, the law is no longer what the Constitution says but what 9 justices say it says. It is time to call bullshit bullshit, not cave and be saddled with this garbage for the next 30 years. Ben Franklin would be distraught by what America has become and so should each of us.