mertensv16 wrote:
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I disagree that Hylton was overruled
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And why am I not surprised, even in the face of the facts.
And weren't we warned about all this over a hundred years ago...
"It may be that it is the obnoxious thing in its mildest and least repulsive form; but illegitimate and unconstitutional practices get their first footing in that way, namely, by silent approaches and slight deviations from legal modes of procedure. This can only be obviated by adhering to the rule that constitutional provisions for the security of person and property should be liberally construed. A close and literal construction deprives them of half their efficacy, and leads to gradual depreciation of the right, as if it consisted more in sound than in substance. It is the duty of courts to be watchful for the constitutional rights of the citizen, and against any stealthy encroachments thereon." — Mr. Justice Joseph Bradley
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"He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people, and eat out their substance." — Declaration of Independence