Originally posted by: shortylickens
Originally posted by: eskimospy
Originally posted by: shortylickens
Originally posted by: eskimospy
Uhmm, guys? Racial profiling is a violation of the 14th amendment. Specifically targeting certain ethnic groups for increased searches, etc. is clearly unconstitutional. Yes I know that law enforcement frequently gets away with this because specific racist intent is hard to prove in court, but what you are arguing for is a specifically articulated policy targeting certain minorities. This blatantly violates other Americans' civil rights.
I'd like you to be more specific on the "etc." because all I suggested is whats going on right now, which is talking to or questioning, and despite how you may interpret the constitution (which so far doesnt seem wrong, just uncertain) many states have already upheld a policemans intuition.
Yes, it makes black people feel uncomfortable, and I am sorry for that, but life, liberty and pursuit of happiness dont include our government making people feel all warm and fuzzy inside.
Well first of all life, liberty, and the pursuit of happiness isn't actually in the constitution, unlike the 14th amendment... haha.
You are absolutely correct, and I didnt mean to imply it was. Just pointing out what so many people point out, the things we think we are entitled to arent always promised to us by the government. It may seem like a simple concept, but far too many Americans think they have a "RIGHT" to something they actually dont.
What the courts have generally upheld is the discretion of a policeman to stop who he wants to stop, yes, but most of this relies upon there being a reason outside of the person's race to stop them. I'm not sure if I agree with this but the courts have mostly put the burden of proof on the defendant to prove discrimination, otherwise they defer to the officer. Anyways I don't like that idea very much but it seems to be how the chips have fallen.
What's being talked about here though is a clearly articulated policy of extra scrutiny to certain ethnic minorities. I am not aware of any jurisdiction in the US that has such a policy, and if they did have one if it wasn't removed for such a violation of the 14th amendment. In addition, when people complain of 14th amendment violations for 'driving while black' or whatever, the cop has a lot of things he could use as justification for the extra attention he's paying the person as it's really easy to find an excuse to pull someone over. Such justification would be far harder for people just walking through an airport checkpoint.
So I guess my point would be that any articulated policy would be obviously unconstitutional, and any policy relying on intuition would face far greater hurdles in explaining away the increased scrutiny due to the nature of the interaction. Oh, and morally I think its disgusting.
The cops also have a right to defend themselves if accused, and so far most state governments (and to certain extent, the federal govt.) have upheld that letting a law enforcement officer make his own decisions is the most effective thing to do.
They dont have any policy that says, "you must interview the exact same number of white people as black people in any investigation or inquiry" because that would be freakin stupid. They let the officer decide what the best course of action is.
Also, I am not suggesting a "policy" of extra scrutiny to minorities. Sorry if I came off that way. I am NOT saying the TSA needs an instruction ordering them to detain or strip search a minimum 10 blacks, 10 hispanics, and 20 arabs each day. Obviously thats just plain wrong.
I am saying the TSA and law enforcement officers be allowed to make decisions of their own accord.
And if the cops are doing something outright wrong, if they are doing illegal things then lying later to justify them then THATS the problem that needs to be fixed. You can make a hundred new laws this year if you want. Laws dont stop bad things from happening, they just provide procedures and punishments if they do. A dirty cop will always be able to fuck the system, but the dirty cop is the problem which needs to be fixed. Making more rules for honest cops to follow doesnt help things.
Same with the TSA. I think they're a bunch of idiots and incompetants, but lets fix that problem instead of making more restrictive and ridiculous policies for them to ignore or break.
As for the moral issue: I wont argue with your feelings on the matter,
you seem well spoken and able to make a good point. I dont think you have bad morals.
But the fact is we all have our different views on morality and right now the government is trying to do the most effective thing, regardless of whether or not its "good" in everybody's eyes.
Its impossible for the government to always make a moral decision because so many of us see things differently.
I believe abortion is acceptable, I think homosexuality is OK, as is race mixing and I have a number of other "left" beliefs.
As for things like executions, guns and the size of the government, I tend to the "right". (Though lately the Republicans seem to be on a quest to turn our government into
1984.)