EXCUSE ME MR. JUSTICE KENNEDY
GO BACK UNDER YOUR ROCK
GO BACK UNDER YOUR ROCK
There are good arguments to be had over the Supreme Court decision allowing jailers to make more invasive searches. It resolves what has been conflict in other courts about the balance of privacy and security.
As a journalist I've been in prisons, jails, detention centers and lock ups. Those places are populated by some who indeed are dangerous. But I've also encountered people in control of those situations who are A)not the most elite of their corp and B)who seem to "enjoy" having people under their control. In fact I've met some jailers who are simply brutal and sadistic. Allowing them to operate without control is not a good idea. I doubt if they've read the Constitution or the Bill of Rights.
What is heinous, offensive and, to my way of thinking dangerously ignorant behavior for a Supreme, is the position of Justice Kennedy that the circumstances of the arrest (in the case being heard) were of little importance. Read that again, the circumstances of the arrest were of little importance! I'm sorry Mr. Justice, but the circumstance of every arrest, regardless of whether petty or a major crime is important. Yes, the Supremes make high altitude decisions about principles and interpretations, as in this ruling, but they should never overlook, forsake or take for granted the circumstances of an arrest.
The power to arrest, or the act of being arrested, is a pivot point in the very Constitutional relationship of individuals to a government. Our rights as people are affected by our granting of power to governments. The individual good submits to the greater good of the commonweal. This is the stuff of political science, philosophy and theory and the debates cross history.
In this particular case, it was a bad arrest, not called for and simply one more example of inefficiency, poor record keeping, bad police work and perhaps even racial profiling.
For Justice Kennedy to overlook such "circumstances" so he can sink his teeth into what is truly an important matter to decide is wrong. For him to say circumstances don't matter is stupid.
I'm sure some students of the law or the Supreme Court will find my logic to be that of a rube, but right is right regardless of whether you are wearing a black robe, or being falsely arrested. Circumstances matter. They are real.
Theory is born of real experiences.
DAY BOOK
EVENING LIGHT
Shooters-photographers, videographers, cinematographers-call it "the golden hour," that evening light, saturated with color. It is as though the light is playful and magical. It's one of my favorite times to shoot.
See you down the trail.
Oh, c'mon Tom, tell me how you really feel.
ReplyDeleteI like to think of this time of day as Rembrandtesque. Interesting interpretation on that Supreme Court decision.
ReplyDeleteInteresting INDEED!
ReplyDeleteYou got me thinking that I was not paying attention to the Supremes and their actions. Most of us have our own world to heed which keeps us distracted. Then, one day, "they" come for "us" and it is too late. Heard that before?
Your thoughts are strong... and correct. ThankYou. -w-
The Supreme Court has been acting beyond its Constitutionally-granted power ever since Marbury v. Madison. But perhaps never with such insulated arrogance as this court. The main question now is how can its over-reaching be stopped?
ReplyDelete