Supreme Court Cases: The Contrast in the Constitution and Constitutional Law

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This paper discusses the contrast of two landmark United States (U.S.) Supreme Court cases that helped to clearly define how the Fourth and Fifth Amendments of the U.S. Constitution is interpreted, and analyzes the difference between the “Constitution” and “Constitutional Law.” Two cases that are referenced in this analysis are (1) Katz v. United States, 386 U.S. 954 (U.S. March 13, 1967), and (2) Olmstead v. United States, 277 U.S. 438 (U.S. June 4, 1928), which differed in ruling; one eventually overturning the other. Finally, a conclusion is drawn as to the importance of these case decisions in the lives of Americans. Constitution v. Constitutional Law The Fourth (4th) Amendment of the U.S. Constitution provides that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no 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” (Kanovitz, 2010). Courts use a two-part test to determine whether, at the time of the search, a defendant had a legitimate expectation of privacy in the place or things searched (Kanovitz, 2010). First, did the person actually expect some degree of privacy? Second, is the person's expectation objectively reasonable, being one that society is willing to recognize? (Kanovitz, 2010). However, in order for the 4th Amendment to be enforced, the U.S. Supreme Court acted upon the powers warranted by Congress to protect and uphold the Constitution. The 4th Amendment does not clearly define exactly what an unreasonable search is thus, leaving the interpretation to the discretion of... ... middle of paper ... ...ible items from “unreasonable search and seizure.” This was a landmark decision that has since redefined, as well as clarified the intended meaning of the way the 4th Amendment is applied to civil liberties of today. References Kanovitz, J. R. (2010). Constitutional Law (12th ed.). (E. R. Ebben, Ed.) New Providence, NJ, U.S.A.: Matthew Bender & Company, Inc., LexisNexis Gorup. Katz v. United States, 386 U.S. 954 (U.S. March 13, 1967). FindLaw http://caselaw.lp.findlaw.com/cgibin/getcase.pl?court=US&vol=386&invol=954 Olmstead v. United States, 277 U.S. 438 (U.S. June 4, 1928). Cornell University Law School; Legal Information Center; http://www.law.cornell.edu/supct/html/historics/USSC_CR_0277_0438_ZS.html Silverman v. United States, 365 U.S. 505, 511 p.353. (U.S. March 6, 1961). Justia.com; http://supreme.justia.com/us/365/505/case.html

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