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Fourth Amendment Forum
By David Oscar Markus
Is profiling a constitutionally-permissible weapon in the War on Terror? No
“A Man for All Seasons,” Sir Thomas More, Chancellor of England under
Henry the VIII, was asked by his daughter’s suitor if he’d give the
devil the benefit of law. More replied, “Yes. What would you do, cut a
great road through the law to get after the devil?” “Yes,” the suitor
answered, “I’d cut down every law in England to do that.” More
responded:
Oh? And when the last law was down and the devil turned round on you
where would you hide, ... the laws all being flat? This country is
planted thick with laws from coast to coast — man’s laws, not God’s —
and if you cut them down ... do you really think you could stand upright
in the winds that would blow then? Yes, I give the benefit of law, for
my own safety’s sake.
September 11th has had some absolutely horrific repercussions. One of
these is that some of our most ardent champions of liberty are willing
to cut down the constitutional pr
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