Originally Posted by
InkUnderNails
Please find it for me. You won't. It was made up. A carve out. Yes, I am an originalist. Call me every kind of idiot you want. I can take it.
There may be a need for it to be in The Constitution. There is a process for that. You can find it in The Constitution. Try Article 5 if you are lazy and don't want to read the whole thing.
Until that is done, no matter what the court says, it is not in The Constitution. We may have to order our lives based on a court ruling that it is in The Constitution. That does not make it exist there. It only makes it exist in law as determined by the court. BTW, The Constitution does not give them the authority to legislate, but they do that anyway, and our legislators permit the usurpation of its enumerated powers.
We either have a constitution that is our basic law or we do not. I believe that until it is amended out of existence that nothing has occurred to make it inoperative. Well, nothing except courts, legislators and executives acting outside of their constitutional authority.
Practically, it may no longer exist. Many of us obviously do not care that it does not. I am not one of them.
The constitution says what the courts say it says. You and I are not federal judges, so our opinions are meaningless. I was simply posting what the courts have ruled regarding administrative searches and probable cause. For the purposes of this thread, let's just stick to the facts of what the law actually is, whether we agree with it or not. Debates on the separation of powers can go elsewhere.