KEY WORD: "modern"
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Yup. That sticks out like a soar thumb.
" modern Fourth Amendment jurisprudence"...what they really mean to say is "progressive Fourth Amendment jurisprudence"
The German “Christians” in the 30’s did the same thing with their “higher criticism” of the Bible.
They substituted their own wisdom and “reason” for the written standard,
just as modern “progressives” (the same name as the Fascist supporters in the 30’s used) do today with the Constitution and the Bible.
here ya go...
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1803496
Executive Power and the Law of Nations in the Washington Administration
Robert Reinstein
Temple University - James E. Beasley School of Law
1 April 2011