Re:Video of Valley Mogul Kicking His Girlfriend 117 Times Co...
by dragonwriter on Monday August 08, 2016 @02:24PM
(#12249819)
>other countries simply use other, more direct remedies to this problem.
The usually offered alternative remedy is not actually a remedy to the problem, its a remedy to a different problem (and one which has an insurmountable agency problem in a system with a unitary executive).
> The question isn't "why do we have 4A" or "why should we be concerned about due process".
Which is fine, because I didn't answer that. I answered why the rule was essential to protecting the limitations on government in the Constitution, including due process, not why we have the 4A or due process.
> It's "why do we have this idiosyncratic rule, as opposed to the other obvious remedies to illegal searches, and how does the rule follow directly from the Constitution, which mentions it never?"
I never claimed it "flowed directly from the Constitution", so to the extent that is your question, it is a non-sequitur where the question was offered. I have answered why the rule is essential to implement the restrictions on government in the Constitution. If you would like to pose a counterargument, or challenge any part of the answer, please feel free and we can have a productive conversation. But merely making oblique and unspecific references to alternatives is unproductive.
The usually offered alternative remedy is not actually a remedy to the problem, its a remedy to a different problem (and one which has an insurmountable agency problem in a system with a unitary executive).
> The question isn't "why do we have 4A" or "why should we be concerned about due process".
Which is fine, because I didn't answer that. I answered why the rule was essential to protecting the limitations on government in the Constitution, including due process, not why we have the 4A or due process.
> It's "why do we have this idiosyncratic rule, as opposed to the other obvious remedies to illegal searches, and how does the rule follow directly from the Constitution, which mentions it never?"
I never claimed it "flowed directly from the Constitution", so to the extent that is your question, it is a non-sequitur where the question was offered. I have answered why the rule is essential to implement the restrictions on government in the Constitution. If you would like to pose a counterargument, or challenge any part of the answer, please feel free and we can have a productive conversation. But merely making oblique and unspecific references to alternatives is unproductive.