Editorial Livejournalists try, fail to rewrite Constitution (yet again)

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Matt Bramanti catches the Chronicle Editorial LiveJournalists misrepresenting the Fourth Amendment of the Constitution again:

Today’s president argues that the Constitution grants implied powers to the commander in chief that cannot be infringed, even by the explicit provisions of the Constitution such as the Fourth Amendment, which forbids warrantless searches and makes no exception for wartime.

Leaving aside other errors in the editorial, that’s the third time the Editorial LiveJournalists have gotten the Fourth Amendment wrong (previous instances were noted here and here). As we’ve pointed out previously, there are plenty of instances of warrantless searches that pass constitutional muster. The Fourth Amendment treats unreasonable searches, not “warrantless searches” (a term that is not used).

The Editorial LiveJournalists must believe in a truly bizarre form of living constitutionalism, in which journalists get to rewrite the Constitution if they simply repeat erroneous assertions. Over and over.

Instead, they tend just to make themselves and their editorial page look silly. Over and over.

ANNE ADDS: And yet, the LiveJournalists still haven’t denounced Chief Hurtt for his surveillance camera plan, which would include apartment complexes and (if the chief has his way) private homes. Surely that’s a greater concern locally!


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Kevin Whited is co-founder and publisher of blogHOUSTON. Follow him on twitter: @PubliusTX