Labels:book | reckoner | sky | tree | windowpane OCR: constitutionally protected rights, the Court observed that an agent acting ir the name of the United States has much greater capacity for harm thar private individual and that the Fourth Amendment Proscribes conduct much broader than that addressed the common law torts 392. Indeed, the interests protected Aq the common law of torts and those protected by the Constitution can be inconsistent even hostile 394 The Court had aIso been urged tn avoid creation judicial remedy where Congress had mou acted, least where such remedy was nat essential indispen- sable for vindicating constitutional rights" 406 (Harlan, concurring. (internal quotation marks omit ted). But because irdividual rights are central ou Constitutional democtacy judiciary should apply remedial mechanism[s] normally available th ...
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