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Pastimes : Let's Talk About Our Feelings!!! -- Ignore unavailable to you. Want to Upgrade?

To: Tom Clarke who wrote (63416)	11/18/1999 7:57:00 AM
From: Ilaine	Read Replies (1) \| Respond to of 108807

Re-reading Griswold reminds me of one of the earlier "right to privacy" cases, Mapp v. Ohio. Just re-read it, it was the first case to apply the 4th Amendment to the states. The Cleveland police ransacked a woman's house without a search warrant, even going so far as to grab her to rummage papers out of her brassiere. They wanted to look through Miss Mapp's house for pornography, and gave her a piece of paper they said was a warrant, but while they were there she grabbed the paper and stuffed it into her brassiere. A policeman grabbed her and another one shoved his hand down her blouse to retrieve it. The Supreme Court found that this violated her right to privacy, and quashed the search. I don't have a problem with that decision, do you? What you may not realize is that the actions of the Cleveland police didn't violate the Ohio constitution, and that it wasn't until the 20th century that the Supreme Court decided that the Bill of Rights apply to the states via the 14th amendment. So if you want to go back to the way it was, you've got a century's worth of jurisprudence to overturn. And, amusingly, the conservatives brought it on themselves by having the Supreme Court rule on matters involving property rights that were regulated by the states, e.g., working conditions. Once the Supreme Court held that the 14th amendment incorporated the 5th amendment, it was over. I love this stuff.