Thursday, June 25, 2009

Zero tolerance for zero tolerance

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.

Fear of terrorists, fear of drugs -- fear itself shall be the law.

Does the hullabaloo about legal "loopholes" allowing gun sales to people secretly on an FBI terrorist list but not charged with anything, have anything to do with allowing school officials to strip a young girl half naked and rummage around in her underwear? Should people working for a local high school have police powers yet not be restrained by the responsibility a policeman has to explain the accused's rights? I think both cases illustrate the struggle between expediency and respect for civil rights and in neither case do I feel that the foundation of our legal system was to make it very, very easy for any authority to treat suspects as convicts.

Clarence Thomas was the only Supreme Court member to think such things as a summary strip search of an 8th grade girl are legal, although he may or may not think it's wrong. True to his Republican principles, he differentiates between law and justice as though one was not to serve the other. Of course I might often agree with that, but not this time. Thomas clearly stated that the "scourge of drugs" trumps the right to due process and elevates a school principal above the powers and responsibilities a police officer has. In his dissenting opinion, he claimed the court was making a “deep intrusion” into the administration of public schools and their efforts, constitutional or otherwise, to fight the scourge of drug abuse. Fear trumps the law, fear trumps justice, fear trumps freedom, due process and in some cases, common decency. Fear is turning some of our schools into little versions of Stalinist Russia where any accusation is as good as guilt.

I haven't read the transcripts and I have never walked through the door of a law school, but the sense of outrage can't be exclusive to me or any other parent and the legitimacy of allowing school personnel, who would otherwise go to prison for doing what they did, to have such authority simply because of the grave danger that Savana Redding might have had an Advil hidden on her person. I can say with near certainty, that had it been my 13 year old daughter, there would be some folks at Safford Middle School in need of their own pain pills.

While most of us would disagree with Thomas and would side with the majority decision that the danger was so minimal that such a false accusation could not justify personal violation of that sort by people who are, after all, not policemen, some appear to be quite happy with using innuendo, suspicion and prejudice to deprive anyone of his civil rights. After all, we passed a Patriot Act designed to do just that and suggested that those who opposed it weren't true Americans.

In other countries; in countries that value freedom more than we do, there would be demonstrations in the streets against the things we ignore while giggling about the sex lives of Senators. It's sad.

9 comments:

  1. At least SCOTUS made the right decision.

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  2. True to his Republican principles, he differentiates between law and justice as though one was not to serve the other.

    The problem with those supposed "originalists" is that too often they only believe in taking the Constitution literally when doing so benefits their view.

    Thomas isn't an originalist. He's just an idiot. I wouldn't say he treats law and justice as separate; he doesn't treat them as anything because he doesn't know what they are. How he ever got his JD, let alone became a member of the SC is perplexing on a level Einstein could not handle.

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  3. I usually find myself mostly in agreement with Justice Thomas. However, I'm not sure i could understand his reasoning in this decision. I'm not even sure I want to try.

    When you have people as philosophically opposite as Scalia and Ginsberg agreeing, it tells me Thomas is on something for missing it.

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  4. There are things that the most politically opposite agree on and I would think this would be one of them. And yet we have this from someone who called credible, sworn testimony against under due process to be a "lynching."

    Yes, I'm glad to see that the rest of them can still agree on the basics of law and the basic objectives of the Bill of Rights.

    The 4th amendment is intended to protect the weak and helpless from just this kind of dictatorial abuse and I'm amazed that even someone I disagree with as much as Thomas can't see or doesn't care. He seems to see the document as a facilitator of power rather than as the protector of the people against power and in that respect I'm the originalist here, not him.

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  5. I think its really funny when those who are constantly going on and on about being against big government and all that....

    Then they go on about Thomas, Scalia, and Roberts and brag about them being 'Originalists" and all for strict adherance to the desires of the founding fathers...

    When was the last time Thomas, Scalia, or Roberts did anything to limit the powers of Government?

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  6. I am not 100% satisfied with the decision, and the reason is this:

    "Souter said Wilson and the two female staff members had so- called qualified immunity, shielding them from damage claims, because they didn’t violate a “clearly established” right."

    If it were my kid, I would have turned the lives of miscreant school officials into a living hell.

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  7. I used to read the court decisions and would admire the logic, thought, and debate that went into their work...that was true of the Burger Court....

    Since then its been downhill...

    Oh, they decided this one correctly, but it was such a pathetic argument....and its only a matter of time before this, the most conservative court this country has ever seen, will allow that last of our personal freedoms to slip away

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  8. Indeed, were it my child, there would have been sore -- or missing -- kneecaps amongst the faculty, but that we have been putting more and more power into the hands of petty tyrants of all sorts is obvious.

    The ACLU talks about Muslims being harassed for contributing to legitimate Islamic charities, about Ron Paul's campaign treasurer being detained and interrogated because he had some $4000 in cash with him.

    I used to tell about my experiences crossing Checkpoint Charlie into and out of East Berlin during the Cold War, but it's just as bad or worse now right here in the US.

    And yet they go on telling us -- with a straight face -- that they are all about limited government.

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  9. I agree with Octo that the second decision exonerating the school for abuse of authority was wrong.

    And it's truly sad that most Americans are so complacent that they won't demonstrate against the relentless encroachment of our civil rights. Heck, they won't even complain.

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