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As such, it is protected from arbitrary governmental invasion.
Put another way, the retained liberty interest protected by the Constitution encompasses the right to be free from arbitrary governmental action affecting significant personal interests.
The Framers' familiarity wi h the abuses attending the issuance of such general warrants provided the principal stimulus for the restraints on arbitrary governmental intrusions embodied in the Fourth Amendment.
But the balance struck by the Fourth Amendment between the public interest in effective law enforcement and the equally public interest in safeguarding individual freedom and privacy from arbitrary governmental interference forbids such expansion.
He need not be in constant fear lest some dire and unforeseen fate be imposed on him by arbitrary governmental action -- certainly not "while this Court sits" (Holmes, J., dissenting in Panhandle Oil Co. v. Mississippi ex rel. Knox, 277 U.S. 218, 223).
The right-privilege distinction, as it appeared in an early statement by Justice Holmes, has long hampered individuals within the public sector in protecting themselves against arbitrary governmental action.
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All most odd and shows quite how arbitrary some governmental actions can be.
which is to safeguard the privacy and security of individuals against arbitrary invasions by governmental officials". Camara, supra, 387 U.S., at 528, 87 S.Ct. at 1730.
U.S. District Judge Richard Seeborg found that Mr. Ross committed "the definition of an arbitrary and capricious governmental act" when he ordered that 2020 Census forms include a question on respondents' citizenship status.
Associate Justice William H. Rehnquist's majority opinions in the two cases said that the Constitution's requirement of due process was designed to prevent intentional or arbitrary abuse of governmental power, not to turn every careless act by a state official into a Federal case.
Hailed as the "great writ of liberty," the writ of habeas corpus protects the American citizenry from arbitrary and wrongful governmental imprisonment.
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CEO of Professional Science Editing for Scientists @ prosciediting.com