13 realities of the Fourth Amendment

In what is quite possibly the most (only?) useful post ever written in the legal blogosphere, John Wesley Hall, author of a massive treatise of 4th Amendment Law, gives us a preview of the next edition with 13 “realities” of the 4th Amendment obvious to him after reading a shit-ton (that’s a legal term) of cases. Don’t be fooled. This is essentially a primer for 4th Amendment law. He’s giving away the outline here. Read it and memorize it and then come to the same conclusion that he does:

13. If you find you don’t completely understand the Fourth Amendment, you’re not alone because hardly anybody does any more. To me, much of the Fourth Amendment has turned into a Rorschach test that means different things to different people, all depending on how they want it to come out. How did just 54 words generate untolled [sic] millions of words in cases, treatises, and law review articles? The U.S. Supreme Court alone has decided about 250 Fourth Amendment cases.

I could’ve told you that, but it would have involved less information and more internet jokes. So, you’re welcome.

 

4 thoughts on “13 realities of the Fourth Amendment

    1. Gideon Post author

      No. It means there’s no stopping the number of words that have to be written in an attempt to unravel the increasingly confusing jurisprudence that purports to deconstruct and comprehend the Fourth Amendment. There is no tolling the explication and interpretation. Untolled.

      Reply
        1. Gideon Post author

          By attributing it to the attrition that is necessarily a by-product of the abutment and juxtaposition of the competing interests (thought clearly not an issue of subordination) of justice and liberty, absolving one of the moral imperative and instead converting it into a legal curiosity.

          Reply

Leave a Reply