The Activist Courts Have Failed To Protect The General Welfare

I am addressing a Washington DC article that mention Samual Alito’s and the 3rd Circuit U.S. Court of Appeals ruling on whether or not police can conduct a search of individuals at a location they have a lawful warrant to search. According to the article the court majority whom Alito disagreed with ruled that police violated the rights of a mother and her daughter when they searched them under a warrant to search the premises they inhabited.

The majority was in error as I clearly display in a previous post. I am not rehashing that issue but instead am venturing a hypothesis on why they erred. When I heard of the case my first knee jerk reaction was in agreement with the majority because of the lettering of the Fourth Amendment and it was only after researching the issue to determine the spirit that I came to the conclusion that Alito was correct.

Going by the letter of the law has created poor judgments in the past such as when the Supreme Court ruled capitol punishment as unconstitutional in the 1972 case FURMAN v. GEORGIA. In that case the court quoted Trop v. Dulles in saying The Eighth Amendment "must draw its meaning from the evolving standards of decency that mark the progress of a maturing society. This is a precept of the evolving Constitution doctrine and contradicts Article V of the Constitution which describes the only way for the Constitution to be amended. The justices do not legally have the authority to determine what The People view as moral and decent as that is legally determined by the democratic legislative process in the United States.

Another and more recent case that shows the same reasoning is Kelo v. City of New London where the statement “this “Court long ago rejected any literal requirement that condemned property be put into use for the ... Public“. Rather, it has embraced the broader and more natural interpretation of public use as "public purpose." The court obviously ignored the Highland Clearances where the land of Scottish tenant farmers was seized for the economic benefit of the region. The disenfranchised Scots emigrated to the United States where no doubt they were a great help in our war for freedom from British rule.

In conclusion I have shown that the activist mentality of some judges has violated our right to rule ourselves at the same time it violated our rights by allowing government to oppress us unchecked.