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Who Should Decide? (Florida v. Jardines)

November 4th, 2012

Currently the Supreme Court of the United States is in charge of deciding when cases involving the Fourth Amendment are constitutional or unconstitutional. Since there are so many different scenarios, the Justices have a set of guidelines that they follow when applying the Fourth Amendment to real world cases. These guidelines are only created by the Justices without the input from the other branches of government. I believe that all the power should not just rest on the Supreme Court because when a certain branch has too much power problems can start to occur. The other two branches, legislative and executive, should participate in setting the rules and guidelines for the cases involving the Fourth Amendment. The people elect the officials for the other branches of government, which is why I think that the legislative and executive branches should be in charge of setting the procedures since   the people are the ones that give the government power. These guidelines directly affect the citizens of the United States, so they should be the ones to indirectly help set the guidelines through the government officials. If Congress helped make new procedures for law enforcement, then the Supreme Court would have an exact set of rules to follow. This would allow people to have an idea of what will happen to them and their case.