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 secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated, and no Warrants shall issue,
but upon probable cause, 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” constitution—that 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.