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Politics : The Trump Presidency -- Ignore unavailable to you. Want to Upgrade?


To: Lane3 who wrote (3303)12/23/2016 12:21:39 PM
From: i-node2 Recommendations

Recommended By
James Seagrove
one_less

  Read Replies (1) | Respond to of 357776
 
Several amendments have been weakened over time by the Courts. Particularly, Search & Seizure, over time, offers little protection to a person who is "suspected" of marijuana possession. If one does not acquiesce to a warrantless search, a dog will be brought in to deliver almost immediate "suspicion" followed by a full on search. It is coercion to allow a search, IMO.

Only a couple years ago the Court decided to allow strip-searches of persons who aren't even suspected of carrying contraband, regardless of crime, if they are going into a jail for unrelated reasons. Now, you and I can see times where you would want to do that. So, the Court just took away the right. Not how this is supposed to work.

I'm sure the Congress does it, too -- but I feel the Court has gone just too far on some essential liberties. That is not to say a left-leaning court would have done better; it probably would just tinker with other parts of it.

It is what they do.



To: Lane3 who wrote (3303)12/31/2016 12:45:35 PM
From: TimF1 Recommendation

Recommended By
Lane3

  Respond to of 357776
 
Better wording might be "courts have failed to protect the bill of rights", or "courts have allowed for the weakening of the bill of rights".

In one sense it is the court weakening it, if they allow infringements on it, and esp. if they create new legal doctrines and interpretations that weaken it for future cases.

But its normally the legislature or the executive who actually enfringes on rights. A court could do so through a court order that is abusive and constitutionally dubious, but mostly on these types of issues they get to decide whether to allow the infringement of rights by other branches of the government to stand.