Comments on: Consent, Submit, Forest, Trees http://emergentchaos.com/archives/2005/07/consent-submit-forest-trees.html The Emergent Chaos Jazz Combo Wed, 01 Feb 2012 19:20:40 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Adam http://emergentchaos.com/archives/2005/07/consent-submit-forest-trees.html/comment-page-1#comment-1044 Adam Sat, 23 Jul 2005 19:12:24 +0000 http://emergentchaos.com/?p=918#comment-1044 <blockquote> 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. </blockquote> Neither submit nor consent appears in the 4th amendment. If you're scrutinizing those words, you're scrutinizing the wrong words. IMHO.

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.

Neither submit nor consent appears in the 4th amendment. If you’re scrutinizing those words, you’re scrutinizing the wrong words. IMHO.

]]> By: dbs http://emergentchaos.com/archives/2005/07/consent-submit-forest-trees.html/comment-page-1#comment-1043 dbs Sat, 23 Jul 2005 10:37:59 +0000 http://emergentchaos.com/?p=918#comment-1043 But the direct interpretation of the letter and words of the laws is exactly what the 'Law' (as a profession an procedure) is all about. In particular to the Constitution, the written word is basically all we have to go by, so getting down to each individual word and the meaning therein is all there is to work with. Written law is a fixed, ummutable basis on which to build interpretation. Unless that law is changed or overturned, the very words must function as the foundation for all implementation and application. It's no wonder every word is scrutinized within an inch of it's ink. But the direct interpretation of the letter and words of the laws is exactly what the ‘Law’ (as a profession an procedure) is all about. In particular to the Constitution, the written word is basically all we have to go by, so getting down to each individual word and the meaning therein is all there is to work with.
Written law is a fixed, ummutable basis on which to build interpretation. Unless that law is changed or overturned, the very words must function as the foundation for all implementation and application. It’s no wonder every word is scrutinized within an inch of it’s ink.

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