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"Again, I agree with the rest of what you're saying, but I don't think it's unfair to criticize the most recent SCOTUS ruling for appearing to[0] reverse or mit
by DannyBee 12y ago
"Again, I agree with the rest of what you're saying, but I don't think it's unfair to criticize the most recent SCOTUS ruling for appearing to[0] reverse or mitigate our understanding of the earlier SCOTUS ruling."
It's certainly fair to criticize, but honestly, this is the problem with unenumerated rights in general (like "The right to privacy" and others), and judicially made rules like the exclusionary rule - they tend to erode or change over time, even after people come to rely on them.
I'd much prefer to see both in the constitution itself. :)
- snowwrestler 12y agoThe contemporaneous objection to the proposed Bill of Rights was that future generations would come to believe that only those rights enumerated in the Bill are protected by the Constitution. It seems to me that that fear has basically come true. Adding a few more amendments won't fix that; in fact they would reinforce the problem.