Choatian Constitutional Principles & Privacy

Aimee Farr aimee.farr at pobox.com
Wed Mar 14 19:17:59 PST 2001


"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."

Mr. Choate, where does it say you have the right to private communications?
It doesn't.

Compare: "Citizens are guaranteed inviolability of the person. No one may be
arrested except by a court decision or on the warrant of a procurator.
Citizens are guaranteed inviolability of the home. None may, without lawful
grounds, enter a home against the will of those residing in it. The privacy
of citizens and of their correspondence, telephone conversations and
telegraphic communications is protected by law." [1]

"Again, this isn't lawyerpunks." - Sunder. Questions of constitutional
interpretations are central to constitutional privacy analysis, which was
what I was trying to get at, albeit unsuccessfully.
The question Mr. May posed was more interesting, and of direct relevance.


-Aimee
"It does no good to debate with Choate, however." - Tim May


[1] UGA School of Law
SIBLEY LECTURE 1989
U.S. Supreme Court Justice Antonin Scalia
http://www.lawsch.uga.edu/speeches/scalia.html





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