Reasons for Granting the Petition
The American people, in as always the oldest and most authoritative decision on any subject under our Constitution, in our Constitution, in Constitution, decided in the Fifth Amendment's penultimate clause, the Due Process Clause, that
"No person shall . . . be deprived of life, liberty, or property, without due process of law . . . ."
Both liberty and property include the use or enjoyment of the latter.
Such process in order to protect life, liberty and property must precede (and be initiated by those who intend) such deprival (other than in emergency, subject to process after, including examination of that claim of emergency).
The American people further decided, in Constitution, in the first clause of the Fourth Amendment, the Security or Privacy Clause,
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated . . . ."
Such searches and seizures as Fifth Amendment deprivals of liberty and property are entitled as such to due process.
Home is the most important property, and the gravity of any violation of home right demands searches and seizures thereof be preceded by correspondingly-substantial process, to wit check by the independent Judiciary established by and fundamental to our Constitution, and the American people's decision, in Constitution, in the second and final clause of the Fourth Amendment, the Warrant Clause,
"[N]o Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized"
is that all State acts against their homes be checked from first to last by that Judiciary.
Any routine State driving of citizens out of their homes, and killing their pets, without such check, as in the present case, defies the above decisions.
"No person shall . . . be deprived of life, liberty, or property, without due process of law . . . ."
Both liberty and property include the use or enjoyment of the latter.
Such process in order to protect life, liberty and property must precede (and be initiated by those who intend) such deprival (other than in emergency, subject to process after, including examination of that claim of emergency).
The American people further decided, in Constitution, in the first clause of the Fourth Amendment, the Security or Privacy Clause,
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated . . . ."
Such searches and seizures as Fifth Amendment deprivals of liberty and property are entitled as such to due process.
Home is the most important property, and the gravity of any violation of home right demands searches and seizures thereof be preceded by correspondingly-substantial process, to wit check by the independent Judiciary established by and fundamental to our Constitution, and the American people's decision, in Constitution, in the second and final clause of the Fourth Amendment, the Warrant Clause,
"[N]o Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized"
is that all State acts against their homes be checked from first to last by that Judiciary.
Any routine State driving of citizens out of their homes, and killing their pets, without such check, as in the present case, defies the above decisions.
[Petition for Writ of Certiorari to US Supreme Court filed 20150214.]
[Petition—not the case!—placed on the docket 20150219
http://www.supremecourt.gov/search.aspx?filename=/docketfiles/14-8466.htm
]
[Petition—not the case!—placed on the docket 20150219
http://www.supremecourt.gov/search.aspx?filename=/docketfiles/14-8466.htm
]
[See also
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posted by John Kennard at 6:35 PM
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