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To: SnakeGuy

I actually like Thomas because, at times, he's shown the ability to NOT favor the State.

WHy do people love Scalia when he's never met a decision to expand government and police power that he hasn't liked?


104 posted on 11/07/2004 3:58:48 PM PST by Skywalk (Transdimensional Jihad!)
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To: Skywalk
I digress
May I refer you to the opinion Scalia wrote in June 2001 that extended the need for a search warrant to anything in the future yet to be invented.

The case arose from the question of if law enforcement required a search warrant to use a laser to remotely measure the fluxuantions of a window pane (a laser listening device).

182 posted on 11/07/2004 4:33:25 PM PST by TeleStraightShooter (Lurch planned to graft postVietnam policy on Iraq: Surrender and let the Syrian Baathists take over)
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To: Skywalk

"WHy do people love Scalia when he's never met a decision to expand government and police power that he hasn't liked?"

That is the one drawback to Scalia and Thomas. I would think that a "strict constructionist" would not allow "no knock" (AKA Kick-In) warrants. To me they appear to violate the original intent of the 4th Ammendment. Both Scalia and Thomas have let that nonsense stand.

In my way of thinking, "strict construction" means you neither add rights that are not clearly articulated or implied (i.e. right to abort), nor take away or lessen "rights" clearly articulated or implied by the constitution (i.e. the 4th ammendment) as intended by the Founding Fathers. I think the founders would freak over the court having said that abortion was a constitutional right. However, I also think they would freak over "no knock" warrants - that is exactly what the British did during colonial days.


184 posted on 11/07/2004 4:34:06 PM PST by Sola Veritas (Trying to speak truth - not always with the best grammar or spelling)
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