Question

Discuss whether the vagueness of the following passage is appropriate to the context that is stated or implied. Pay particular attention to the underlined expressions.
"The right of the people to be , supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
United States Constitution, Fourth Amendment

A discussion of this passage should highlight the notorious vagueness of "unreasonable" and "probable," as well as the fact that such vagueness is inescapable and (probably) desirable in a "living" constitutionthat is, one flexible enough to adapt to changing circumstances. "Secure" is another term that students seize upon as too vague. It should be noted that the first claim of the passage, through the word "violated," means simply that people shall not be subject to such searches and seizures.

Answer

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