This is why it is bad that this is happening in the US.
You don’t have the concept of the living tree doctrine in your body of law, or if you do, it’s not particularly well developed. It’s all about the writers intent down there.
Writers intent is sometimes enforced and sometimes not. Ammendments 4-8 are all about criminal rights so it’s very clear that the founders were very concerned about people being accused/convicted of crimes, yet today you can’t be searched without a warrant unless the cop doesn’t like you can can come up with a lie saying he’s sure you were doing something illegal.
This is why it is bad that this is happening in the US.
You don’t have the concept of the living tree doctrine in your body of law, or if you do, it’s not particularly well developed. It’s all about the writers intent down there.
Writers intent is sometimes enforced and sometimes not. Ammendments 4-8 are all about criminal rights so it’s very clear that the founders were very concerned about people being accused/convicted of crimes, yet today you can’t be searched without a warrant unless the cop doesn’t like you can can come up with a lie saying he’s sure you were doing something illegal.
Ehhh. Originalism is mostly a lie that conservatives tell when making up what they want a law to mean.