4 ms·
Man, if I were creating the rules to govern a UTOPIA - I mean a freaking UTOPIA - and I could choose any rules I wanted. And I wanted to make them durable. I
by logicallee 13y ago
Man, if I were creating the rules to govern a UTOPIA - I mean a freaking UTOPIA - and I could choose any rules I wanted.
And I wanted to make them durable. I mean DURABLE. Lasting hundreds of years. Thousands even.
You know what I would do? I would make some rules that were even stronger than whatever laws were in effect at a given time. And I would let THE PEOPLE choose whatever transient laws they wanted.
These even stronger rules - would protect people from choosing shitty transient ones.
Well, turns out philosophers DID get this chance.
And, when it came time to write these strong rules - and they wrote ,
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall NOT be violated."
To protect their citizens from whatever government was in effect at the time...
.... the pen lingered....
... and lingered ...
and lingered.
And through no pressure. No outside force except the desire to create a utopia.
...started writing "but".
Why? Why? Why?
Why not just write "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall NOT be violated"?
Think about this, and perhaps you might start to see this world in a slightly better light.
- guelo 13y agoTrying to understand your point. Do you mean the phrase "but upon probable cause"? And if so, do you mean that it would have been a better utopia if searches were not allowed even with probable cause?
- mikecb 13y agoProbable cause is not required for searches. Probable cause is required for a warrant to issue. Searches must be reasonable. Searches without a warrant are simply presumptively unreasonable.
- antoko 13y agoThere is a caveat already in the origin text. Unreasonable Given that is already in there why add the additional caveat that then allows unreasonable searches? Surely reasonable searches are all we really need.
- deleted 13y ago[deleted]
- mikecb 13y ago"unreasonable" is the key to modern warrantless searches, not the "but". Also, the but is after "and no warrant shall issue". These clauses are read mostly separately in current interpretation.
- deleted 13y ago[deleted]