In this particular situation Article 2 of the Constitution overrides the 4th Amendment.
You're trying to revive a leftwing argument that was shot down in 2006.
I expect Russ Feingold to show up on this thread any minute now.
Are you defending Hayden’s interpretation of the 4th amendment? If so, I’m really surprised.
“In this particular situation Article 2 of the Constitution overrides the 4th Amendment.
You’re trying to revive a leftwing argument that was shot down in 2006”
So then you posit that the executive branch possesses the natural power to override the 4th amendment? Interesting. Do they also have the power to declare the 2nd no longer applies?
For convenience sake, I propose we call this newfound presidential power “The enabling act”. (look it up on the google)
Apparently you miss the concepts of amendments — they alter and override the document that they are amending. Even the preamble to the Bill of Rights explains this:
in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be addedTherefore the 2nd Amendment restricts even the power of taxation the Government has, or the Commerce Clause — let that sink in and consider the implications.