Klarinet Archive - Posting 001123.txt from 2002/06

From: Jeremy A Schiffer <schiffer@-----.edu>
Subj: Re: [kl] Music vs. drug testing
Date: Sun, 30 Jun 2002 16:21:42 -0400

On Sun, 30 Jun 2002, Bill Hausmann wrote:

> Apparently none of your teachers was a "strict
> constuctionist." Constitutional scholars who ascribe to this philosophy
> believe the Constitution means what is says and says what it means. They
> are at the opposite end of the spectrum from the "living document" types.

strict constructionism is a contradiction. well, in theory it isn't, but
if you look at the judicial records of self-proclaimed strict
contructionists, you notice that they like to just do things that are
politically conservative, whether it fits their strict doctrine or not.

of course, a true strict constructionist would deny the existence of the
bill of rights, because it wasn't there when the constitution was written.
putting that aside...

example: since we're on the topic, drug prohibition. a strict
constructionist would never vote for prohibition on the federal level,
because the constitution clearly leaves those types of decisions to the
states. (amendment 10 - The powers not delegated to the United States by
the Constitution, nor prohibited by it to the states, are reserved to the
states respectively, or to the people). yet, i have a really hard time
believing that antonin scalia would strike down the marihuana tax act on
those grounds. again, pure hypocricy in the name of "strict
contructionism."

oh, and contrary to what you say, there's no debate over the meaning of
"unreasonable searches and seizures" as it's clearly stated in the next
clause "but upon probable cause, supported by oath or affirmation"
(fourth amendment). random searches of school lockers clearly fail that
test. airplane searches don't, because airlines aren't public in the same
sense schools are, and private industries may make their own rules; if
you don't want to be searched, don't fly. but you can't say, if you don't
want to be searched, don't get an education.

-jeremy

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Jeremy A. Schiffer
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Columbia University
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