Comment by p-e-w
Comment by p-e-w 8 hours ago
Why? What is the rationale? Unless of course you subscribe to the idea that anything goes as long as a court decrees it, in which case there’s nothing to debate really.
Comment by p-e-w 8 hours ago
Why? What is the rationale? Unless of course you subscribe to the idea that anything goes as long as a court decrees it, in which case there’s nothing to debate really.
Have you been paying attention to the news lately where Trump is weaponizing the court system to a point where ethical AGs are resigning instead of complying?
The population is accepting it right now. 40% of the people still approve of everything Trump is doing.
If you have 10 friends and you ask them what they want to eat for dinner and 6 say let’s go to a Mexican restaurant and 4 say let’s kill Bob and eat him, you still need to worry about your friend group.
Right this second ICE agents are killing people with impunity and police for the longest have had qualified immunity to kill people unjustly.
The country voted for this knowing exactly what they were going to get. Don’t believe the Michelle Obama “this is not who we are” this is who this country has always been
A court order is just a hurdle that legislation (or a constitutional provision) dicatates, in the investigation of crime (or prevention of future crime...). The distinction is the rights of the individual vs the rights of other individuals in the dilute sense we call society.
The problem is that individuals no longer have confidence in their institutions, for both good reasons (official corruption, motivated prosecutors, the dissolution of norms of executive behaviour) and bad ones (propaganda on Fox News, and the long tail of disinformation online).
The question becomes: how can citizens have confidence their rights will be protected? What structure would protect the right to privacy?
The only reliable way to protect rights is to limit power, and the only reliable way to protect fundamental rights is to limit power with absolute prohibitions.
This was well understood in the decades following WW2, and many countries implemented protections of this kind, only to roll them back again later when people had forgotten why they existed, and believed once more that everything will be fine as long as the “right” actors were in power.
They aren't that hard to get, yet Trump's warriors ice never seem to have warrants signed by a judge. Going back to being able to ignore fake warrants not signed by a judge without them killing you would be a big step forward.
Court approved warrants are pretty fundamental to how our legal system works and how some level of accountability is maintained. That system isn't perfect by any stretch, but removing it unlocks Pandoras box and I'm not sure we'd be better off without it.
As it stands, a cop has to get a warrant to enter and search your home, for example. If we remove that hurdle because we also don't trust the courts then we just have more searches.
I get the reaction to turn on the whole system, I have very little faith in it myself. But I don't think many people are really aware of or ready for what would come without it.