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To: kesg
Well, if the DNA sample is taken from an arrested person because a law permits the government to do it, then by definition that's due process of law.

Nonsense. Due process has nothing to do with legislation.

Not to mention, laws don't trump the constitution.

The Fourth Amendment issue is separate -- a law that permits an unreasonable search satisfies due process but nevertheless still violates the Fourth Amendment -- but here as well Congress is entitled to determine whether such a search is reasonable in the cases of persons who are arrested. If the arrestee thinks that the search is unreasonable despite the law, he can ask a court to declare the law unconstitutional, either generally or as applied to him in the particular case. My guess is that he would lose, and deservedly so.

No offence, but you need a remedial course in civics. You have a flawed understanding of the constitution and rights.

144 posted on 04/16/2003 11:50:48 AM PDT by Protagoras (Putting government in charge of morality is like putting pedophiles in charge of children)
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To: Protagoras
No offence, but you need a remedial course in civics. You have a flawed understanding of the constitution and rights.

No offense taken, but "I disagree" would have taken many fewer words to write and would have been much closer to the actual truth.

162 posted on 04/16/2003 12:33:03 PM PDT by kesg
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