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they probably do so to deny any lawsuit.. you'd think that if the u.s. federal government can do it, they'd be pretty comfortable, especially if they intend to go after any copyright infringers anyway. should we protect ourselves from the government doing those things, or be grateful for the security they provide?
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the constitution protects the important details of society, but it is written in a form that is accessible, to enable any of us to amend it. haha. unfortunately, we all have to use the language of the day to write amendments, but that's not a big deal. what is a big deal is that we have to use the current version of the language of the day, on top of that, the language that is in whatever text we are editing.
it's important to make sure that laws and regulations are in fact consistent and comprehensive. otherwise, citizens can't comply with the law and we'll have an anarchic situation. to be clear, i don't have any problems with laws being bad. i just don't like when laws are incoherent and failed.
there is some general contnuity of thought that the 5th amendment violation is a decisive issue on procedural due process, but i do not know much about the subject. it does seems to be clear that states are required to have courts.
the government can easily create a system that no one would ever try to use to circumvent. if they even had to, i'd be one of the first ones they tried to get in jail. they don't have to cover the facts for themselves, and have the defendant being the only one with all of the data. if they're looking for information on the defendant, we're good. otherwise, they're seeing all of our information on the defendant as well.