2 ms·
Wickerd v. Filburn begs to differ. Interstate Commerce basically covers anything with current jurisprudence. 2nd Amendment, down. As does Third Party Doctrine
by salawat 4y ago
Wickerd v. Filburn begs to differ. Interstate Commerce basically covers anything with current jurisprudence. 2nd Amendment, down.
As does Third Party Doctrine v. The Fourth Amendment. Civil Asset Forfeiture might actually be a 3rd Amendment violation if you squint at it and hold your head just right.
Social Media has proven that outsourcing of censorship to industry is a winning combo. 1st Amendment down partially.
Bill of Rights is so shaky I wouldn't necessarily hold it up as a beacon of success.
Cruel and Unusual Punishment:
Solitary Confinement. The Diesel Train (practice in the Federal convict transport system by which a convict can be kept in transfer limbo and essentially rendered impossible to check on the status of/communicate with). 8th Amendment.
Point is, most of these only have teeth to the point the judiciary is willing to confer them teeth in an actual case, and even that is discretionary at the SCOTUS level, and there is no requirement placed whereby case law must be internally consistent except aspirationally.
Bill of Rights is in a hell of a tawdry condition nowadays. In part because "language/definitional engineering" is essentially the core of modern legislative/administrative rulemaking/jurisprudence nowadays.