Constant's pations

If it's more than 30 minutes old, it's not news. It's a blog.

Friday, October 08, 2004

Selective ignorance problem


The law has many holes. For eternity, things will be decided.

It is amazing that "so much is unknown" that would allow the world to say, "The right is not clearly established in this situation."

It is no wonder that each situation is carved into a "unique" shape, so that "each situation" is defined as "having no precedent."

There still should be times when governing principles are self-evidently applicable, reardless the "uniqueness" of the situation.

The constitution is an umbrella, not swiss cheese. It is a guide, not an excuse.

The constitution is there to protect rights; it is not there as a maze to justify "we were never told in this situation."