SCOTUS assumes legislative powers to amend the Constitution and repeals 4th amendment. Example How the constitution is amended without going thru the messy legislative process as required in Article V of the Constitution. http://frontpagemag.com/2011/05/18/the-indiana-supreme-court-guts-the-fourth-amendment/ Note: in this case, all charges brought occurred in the victims’ home. There was no reason for entering the home of the citizen, nor excuse for not first obtaining a warrant. In all likelihood, the Indiana courts voted the way they did to protect the state from being sued by victims. Repealed by SCOTUS. Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation*, and particularly describing the place to be searched, and the persons or things to be seized. The 4th, IMHO, begins to get murky, even back then. What does “effects” include in the first clause? What is “unreasonable? Do effects cover telegrams, phone & internet service? What about offices, backyard sheds and warehouses? Are they exempt? And what is “unreasonable”? What happens when the govt violates these rights? See what I mean. Murky wiggle room. The 2nd half isn’t much better: before govt can search it must show probable cause, be supported by oath or affirmation and describe the place and person(s) to be searched or seized. What if a legal search discovers other illegal activity. What if the illegal activity was discovered but search was found to by “unreasonable” after the fact? * The legal definition of affirmation is: A solemn declaration made under the penalties of perjury, by persons who conscientiously decline taking an oath; which affirmation is in law equivalent to testimony given under oath. Noah Webster's 1828 American Dictionary) A solemn and formal declaration or asseveration that an affidavit is true, that the witness will tell the truth, etc.; this being substituted for an oath in certain cases. A solemn religious asseveration in the nature of an oath. Blacks' Law Dictionary, Sixth Edition We know that in Marbury,vs Madison , the Supreme Court took it upon itself to answer some of these problems. For instance, if a search is illegal, everything discovered as a result of that violation of the 4th, cannot be presented in a court of law. The violator of the Supreme Law of the Land and the target of the warrant cancel each other out. Huh? Since when do two wrongs make a right? No harm no foul? This ain’t the NBA. What they did was compound the problem. They exonerated 2 perps so as not of prosecute one of their own. Seems to me both law breakers should be punished for their crimes, donchya think? SCOTUS assumes power to amend the constitution. ARTICLE V The Congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this constitution, or on the application of the legislatures of two-thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this constitution, when ratified by the legislatures of three-fourths of the several states, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress: Provided, that no amendment which may be made prior to the year 1808, shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate. Contact Your Govt http://www.usa.gov/Contact.shtml For more info about Obama’s Private Army, google Healthcare legislation & Obama's Private Army And US Public Health Service Ready Reserve Corpse Patriot Freedom http://www.patriotfreedom.org/battlefield.php If a link above does not work, cut-and-paste to your browser. Please be aware that Barack Hussein Obama’s grandfather was a highly respected witch doctor with the Luo tribe. His white grandmother was VP at the Bank of Hawaii and she worked with and for Peter Geithner on other projects, Peter is the father of Timothy Geithner, Obama's choice of Treasurer of the US. We the People http://www.youtube.com/watch?v=JVAhr4hZDJE . -- To join RichsRants, send email to: [email protected] For more options, visit this group at http://groups.google.com/group/richsrants?hl=en
