Saturday, October 16, 2004

Strict Constructionism

Just for anyone who thinks it doesn't matter whether Bush or Kerry wins, a federal judge in Utah has recently given us a great example of what Bush meant when he said in the debate that he wouldn't appoint activist judges.

Judge Paul Cassell, a George W. Bush appointee in Utah, recently held that illegal immigrants have no rights under the Fourth Amendment.

In his May 2003 ruling, Cassell determined that Esparza-Mendoza, a Mexican national previously deported from the United States, was illegally detained by police in October 2002. However, Cassell also found that the violation was inconsequential because Esparza-Mendoza was not entitled to Fourth Amendment protections.

This may seem shocking to some. But Judge Cassell is clearly correct on the law. After all, look at the text of the Fourth Amendment:

The right of the people to be secure...against unreasonable searches and seizures, shall not be violated...

It's not like illegal immigrants are people, right?