But that is exactly how we got where we are.
“Just one more exception.”
If ANY exception was actually needed then the Constitution should be amended.
This is exactly the danger of *spit* precedence; it is only the Judiciary playing a game of Telephone with your rights and liberties.
>But that is exactly how we got where we are.
Just one more exception.
If ANY exception was actually needed then the Constitution should be amended.
This is exactly the danger of *spit* precedence; it is only the Judiciary playing a game of Telephone with your rights and liberties.<
Well i think maybe your tossing the baby out with the bath water. A bit of overkill if you get my drift.
The constitution was a framework of rights of the people and responsibilities of the government to the people and individual states.
It gives the states rights to make their own laws, which is what we are seeing here. It is not a universal law equally applied through out the united states at this point.
So a constitutional convention that would be required to change that search and seizure clause in the constitution would be unreasonable and not very feasible. The state can amend what it needs to in the times through legislation or courts.
What we are seeing here is what the founders believed would happen. They knew that they could not possibly write a document that could cover every advancement that we would make as a republic. So they left the states and the courts the ability to change some of the laws without changing the intent of the basic law.
If a continental congress is called, it would not be limited to ratify one piece of the constitution. The whole thing would be subject to revision. Which is why they made it so hard to revise.
The exceptions that are being made are because we have technology that is becoming ever more dangerous, quick and untimely for courts to decide.
imagine what George Washington would have thought about this type of weapon?
http://www.youtube.com/watch?v=MOyt6imlgLo
They may have changed the entire second amendment right then and there. (after he picked up his teeth that is)
They knew that changes would be made, advancements that they could not even begin to fathom. So they devised a way to make changes in the law, without breaking the very spirit and intent of the law.
these exceptions need to remain just that “exceptions” and tightly controlled. But to change the entire constitution is opening a can of worms that they never wanted.