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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 vio
by grappler 13y ago
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.”
I don't understand this notion that you don't really understand something like the 4th amendment without understanding the whole history of case law interpreting said amendment.
The amendment is short and simple. It says what it says. It is part of the supreme law of the land (the constitution) and thus supersedes any lesser laws which may conflict with it. Any interpretation of it is just that.
If I were to put it in software terms, I'd call interpretations “derived artifacts” and the amendment the “source”. If I start getting weird conflicts and unexpected behavior, as any developer knows, I should “make clean” (clear out all derived artifacts) followed by “make” (rebuild from source).