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Politics : View from the Center and Left
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To: TimF who wrote (21418)6/19/2006 1:42:22 PM
From: Ilaine  Read Replies (1) of 541654
 
In the case in question I don't see any violation of the constitution.

I'd feel a lot more comfortable with that assertion if I really believed you really understand the Constitution.

The Constitution is the supreme law of the land, but it's not the only law of the land.

Further, the Constitution, which is written law, doesn't supplant common law, which is unwritten law, except where there is an actual conflict between them.

Further, the justices have always looked to the common law as it existed at the time of the Foundation and has developed since then in order to interpret the Constition.

Further, the powers of the federal judiciary are not limited to interpreting the written words of the Constitution nor the written words of the legislative nor the written words of the Executive branch.

In this particular case, there was, in fact, a violation of Constitutional law, in that the act of executing a search warrant has always contained the ancient rule requiring that the persons executing a warrant knock before entering.

The fact that you can't see that suggests to me that you don't really understand the Constitution.

Scalia didn't say the search wasn't a violation of the Constitution. He said that the exclusionary rule wasn't the appropriate penalty for this particular violation.
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