The Framers Of The Bill Of Rights

Our Amended Constitution Is The Lodestar For Our Aspirations. Like Every Text Worth Reading, It Is Not Crystalline. The Phrasing Is Broad And The Limitations Of Its Provisions Are Not Clearly Marked. Its Majestic Generalities And Ennobling Pronouncements Are Both Luminous And Obscure. This Ambiguity Of Course Calls Forth Interpretation, The Interaction Of Reader And Text. The Encounter With The Constitutional Text Has Been, In Many Senses, My Life's Work.

We Cannot Let Colorblindness Become Myopia Which Masks The Reality That Many "created Equal" Have Been Treated Within Our Lifetimes As Inferior Both By The Law And By Their Fellow Citizens.

While The Machinery Of Law Enforcement And Indeed The Nature Of Crime Itself Have Changed Dramatically Since The Fourth Amendment Became Part Of The Nation's Fundamental Law In 1791, What The Framers Understood Then Remains True Today - That The Task Of Combating Crime And Convicting The Guilty Will In Every Era Seem Of Such Critical And Pressing Concern That We May Be Lured By The Temptations Of Expediency Into Forsaking Our Commitment To Protecting Individual Liberty And Privacy.

The Concept Of Military Necessity Is Seductively Broad, And Has A Dangerous Plasticity. Because They Invariably Have The Visage Of Overriding Importance, There Is Always A Temptation To Invoke Security "necessities" To Justify An Encroachment Upon Civil Liberties. For That Reason, The Military-security Argument Must Be Approached With A Healthy Skepticism.

We Look To The History Of The Time Of Framing And To The Intervening History Of Interpretation. But The Ultimate Question Must Be, What Do The Words Of The Text Mean In Our Time.