Comment by etchalon
Because that's the way our courts have ruled on it.
Nothing more complicated than that. The courts are empowered by the Constitution to interpret the Constitution, and their interpretation says kids can have their rights limited.
Because that's the way our courts have ruled on it.
Nothing more complicated than that. The courts are empowered by the Constitution to interpret the Constitution, and their interpretation says kids can have their rights limited.
True, but the executive and legislator are bound to ignore the courts if their interpretation violates the constitution. The judicial branch for instance can't simply declare that "No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law" means that "Clarence Thomas is god emperor of the US and commands all the armed forces."
If they could interpret the constitution and that was that, then the judicial branch would basically have ultimate power and be exempted from the checks the other branches have on them.
They could still be impeached by the legislative branch.
IIRC didn't the courts empower themselves to interpret the constitution? Nothing in the constitution says they can. Of course, since they interpret the constitution, they can just insert an interpretation that says they interpret the constitution...