Not to mention “unreasonable search and seizure” is pretty well ruled out by it being a law establishing it as common procedure.
I don’t mean to be rude or blunt. But bills passed by Congress do not supercede the constitution or act as a qualifier of constitutionality. The Constitution is the supreme law of the land.
If Congress decided you can’t speak your mind well tough cookies the Constitution says 1st Amendment. A law establishing something as common procedure doesn’t make that procedure virtuous or constitutional.
No but there’s a wide gulf between proving unreasonable search and seizure vs proving restriction of free expression.
My point is that laws establishing warrantable causes for search rarely fall afoul of unreasonable search and seizure, mainly because they involve the reasonable procedure of warrants and having to prove cause without.
I don’t mean to be rude or blunt. But bills passed by Congress do not supercede the constitution or act as a qualifier of constitutionality. The Constitution is the supreme law of the land.
If Congress decided you can’t speak your mind well tough cookies the Constitution says 1st Amendment. A law establishing something as common procedure doesn’t make that procedure virtuous or constitutional.
No but there’s a wide gulf between proving unreasonable search and seizure vs proving restriction of free expression.
My point is that laws establishing warrantable causes for search rarely fall afoul of unreasonable search and seizure, mainly because they involve the reasonable procedure of warrants and having to prove cause without.