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August 09, 2005
Volokh and the ACLU
Sorry, but I'm going to have to side with Volokh on this one. While I'm generally no fan of the ACLU, I support a few of the lawsuits they've brought: there have been a few that have helped to keep the government honest.
And the Fourth Amendment has been particularly fragile in this country for some time, especially in light of the governmental abuses brought about by the so-called War on Drugs. If we're going to have bags searched in subway stations, I'd like a little clarity on how to square it with the Constitution. And I'd like some limits set.
After all, as a lot of us have been pointing out since approximately 9/12/01, if we shred the Constitution while conducting the War on Terror, the terrorists will have won. Just because it's a cliche doesn't mean it isn't true.
The problem I run into is, if they were sensible they'd do some form of profiling and use of some gut feeling on who to search. Of course that would be even worse cause it would be deemed racial profiling. As far as random bag searches at the subway, how is it any different from randomly selection passengers and their bags for an additional search at the airport (with no profiling of course, because that is wrong)? Personally I would find it diffcult tto say its unconstitutional to do at the train station, but yet its constitutional at the airport.
Of course I could always come with the cliche: "The Constitution is not a suicide pact."
I respectfully disagree (something I rarely do with this blog). In short when it comes to the ACLU I think this headline says it all Ford and Rockefeller Foundations offer ACLU $1.15m to not Support Terrorism: ACLU Refuses says it all. Don't you?
They rejected the money because it had strings attached. That's something one might do on general principle--the same principle, in fact, that leads most of us to avoid moving back in with our parents once we're adults.
"Let the issues be the issue.
About Joy W. McCann: I've been interviewed for Le Monde and mentioned on Fox News. I once did a segment for CNN on "Women and Guns," and this blog is periodically featured on the New York Times' blog list. My writing here has been quoted in California Lawyer. I've appeared on The Glenn and Helen Show. Oh—and Tammy Bruce once bought me breakfast.
My writing has appeared in The Noise, Handguns, Sports Afield, The American Spectator, and (it's a long story) L.A. Parent. This is my main blog, though I'm also an alumnus of Dean's World, and I help out on the weekends at Right Wing News.
My political philosophy is quite simple: I'm a classical liberal. In our Orwellian times, that makes me a conservative, though one of a decidedly libertarian bent.
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