The qualitative dimension of Fourth Amendment "reasonableness"

Article Abstract:

The quantitative procedural approach to protections afforded by the Fourth Amendment should be supplemented by a qualitative substantive approach. The procedurally-based expectation of privacy test unnecessarily limits constitutional protections. Findings of unreasonableness of searches and seizures should include a balancing test opposing an individual's security and privacy interests against the specific class or classes of search and seizure. This consideration of substantive privacy interests is consistent with constitutional precedent.

United States, Interpretation and construction, Constitutional law, Constitutional interpretation, Searches and seizures, Probable cause

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Is Morrison v. Olson still good law?: the court's new appointments clause jurisprudence

Article Abstract:

Expansive prosecutions since the Morrison v. Olson ruling, which gave independent counsels rather than members of the executive branch the power to investigate and prosecute officials of that branch, demonstrated the Ethics in Government Act's latent dangers which were not apparent when the statute was enacted. Congress should create an independent office composed of commissioners selected through nomination and confirmation to correct the Appointments Clause infirmity and eliminate many of the causes of the abuse.

Investigations, Separation of powers, Political corruption, Special prosecutors

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