Originally Posted by
RosemaryT
My husband has no qualms about walking through the NOS. He has no qualms about me walking through the NOS. He has no qualms about anything, except me ranting against the TSA.
As my friend once said, "You do need to check him from time to time for a pulse, don't you?"
Opposites attract, and all that.
My husband is also an attorney with 30 years experience and a background in constitutional law. He calls himself an old workhorse litigator, and one of a dying breed. These days, everyone likes to "settle" and litigators are becoming more and more rare.
When I rant about the unmitigated evils of the TSA, Mr. Husband says, "You are never going to find a court in this land that will agree with you that the TSA is conducting unlawful searches and/or violating 4th amendment rights. It's just never going to happen."
I hope and pray that he's wrong, but I fear he may be right.
I have read many original documents on the 4th amendment and I cannot find where it reads the way the courts say it reads. I would love to have a constructive debate on what it says. I will be happy to provide documents supporting my conclusion. I have read notes from the state ratifying meetings, the 13-ratifying State Constitutions, and from notes of those who attended the Federal convention.
For instance, the Constitution of Vermont - July 8, 1777 ,
http://avalon.law.yale.edu/18th_century/vt01.asp
XI. That the people have a right to hold themselves, their houses, papers and possessions free from search or seizure; and therefore warrants without oaths or affirmations first made, affording a sufficient foundation for them, and whereby any officer or messenger may be commanded or required to search suspected places, or to seize any person or persons, his, her or their property, not particularly described, are contrary to that right, and ought not to be granted.
Certainly the language of the 4th-amendment came out of the state Constitutions, each worded slightly differently, but still about the same declaration regarding the 4th-amendment.