I was responding to a tweet that advocated the removal of Trump and Pence, or at least their impeachment. I think installing Nancy Pelosi as President even though Democrats lost the election would have extremely significant consequences so I think it's worth discussing honestly.
The Constitution does not prevent it from being enacted by statute, it just doesn't require it as the remedy, or authorize the courts to create it as such.
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At the time of the founding, officials could be sued or arrested or, arguably, stopped from holding office for violating search and seizure rules. We have effectively eliminated these remedies. So getting rid of the exclusionary rule means getting rid of the 4th.
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The Constitution doesn’t say anything about the 4th Amendment’s remedies, though. It just says there is a right.
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And therein lies the debate over who has the power of remedy.
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