Cops Don’t Need No Damn Due Process’ Anymore (Supreme Court)

ConstitutionThe important story in today’s newspaper was: “High Courst OK’s Ban On Race As Admissions Factor.” In a box to one side of the page, together with other secondary stories, was: “”High Court: Anonymous Tip OK.  This advertised the editors’s idea as to what is important; it also advertised Constitutional blindness and a Leftish view of affairs.

The prominent story concerned college admissions policy where schools assigned admissions priorities to blacks and Hispanics. The state of Michigan legislated a ban on race-based admissions in public schools and the Supreme Court has now approved that. That should have been expected; if the U.S. Constitution allowed racism in government programs, “Brown versus Board of Education” and school desegregation should never have taken place. By this time, 60 years after the historic decision, most of us should know that Americans are Constitutionally equal; race doesn’t count. At least, per the Constitution. So the Supremes deciding that Michigan could ban race-based admissions to public schools should not surprise.

The second case arose when some cops stopped and searched a car based upon an “anonymous tip” and found some pot. A fifth Amendment defense asserting an unreasonable search without a court order and with no reasonable evidence of wrongdoing (but the anonymous tip) was overruled by the Supremes and this was seen as a minor story by the editor.

To us, the opposite seems true. If the American Constitution is indeed color-blind as asserted, the Court’s finding that public colleges are allowed to be so by state law should be routine, not a lead story. And the Court deciding that an anonymous tip was enough to replace the Constitutional requirement of: “Due process of law” certainly ought to stand in headlines, not be relegated to a box on the side of the page. This amounts, it seems to us, to tossing the Fifth Amendment under the bus. “Due process of law” has been replaced with: “Anonymous tip.” And that works out in practice to: “The cop felt like it.” The Court has emasculated the Fifth Amendment. Shouldn’t that be important?

Well, it’s important to you and to us, perhaps. But to “Progressive” editors it’s the sort of thing right wing extremists worry about, not important like “affirmative action” intended to educate blacks. That has a social context, right? So the story about that is the one that is featured. Exactly hindside to, as so many Lefty constructions turn out.

So if you’re a good white student in Michigan, an inferior ‘minority’ student won’t take your place at a state university under the new law (And if you believe that, you haven’t been watching university administrators).   And if you live anywhere in the U.S, any cop can search you whenever he, she or it feels like it, so long as he, she or it can assert that an anonymous tip made him,her or it, do it. That American Constitution was a great idea, while it lasted … But the newly empowered police make you feel safer, right?

About Jack Curtis

Suspicious of government, doubtful of economics, fond of figure skating (but the off-ice part, not so much) Couple of degrees in government, a few medals in figure skating; just reading and suspicion for economics ...
This entry was posted in Affirmative Action, Constitution, Law Enforcement, Liberty and tagged , , , . Bookmark the permalink.

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