Re: good SCOTUS decision


"rich hammett" <bubbarichau@xxxxxxxxxxxx> wrote in message
news:1293djpcit2rv35@xxxxxxxxxxxxxxxxxxxxx
Minun olisi pitänyt tietää, olisi pitänyt tietää,
olisi pitänyt tietää KUKA SINÄ OLET, TimV:

"Jon Enslin" <jenslin@xxxxxxxxxxx> wrote in message
news:1150398312.713605.273930@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

stephenj wrote:
of course A4 jurisprudence will always be somewhat wacky until they
get
rid of the court-made-up "exclusionary rule".

The exclusionary rule makes perfect sense. What is the use of the
Amendment in the first place if there isn't a bar on the evidence
seized?



http://www.cnn.com/2006/LAW/06/15/scotus.search/index.html


Literal interpretation mode on:

The constitution may have barred illegal search and seizure, but it
didn't
implicitly bar the use of evidence seized illegally. Therefore, since
the
consititution is mute on that point, laws regarding the use of said
illegally seized evidence are the purview of the states.

Wow, that's what it feels like to think like Thomas and Scalia.

How about this one: The Constitution may ban cruel and unusual
punishment, but it does not ban the government from paying someone
to perform cruel and unusual punishment, as long as it is done on
foreign soil.

rich

Your "cruel and unusual punishment" and mine is a far wider bridge.




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