It's a new phenomenon in America that states can now sue the national government and become a kind of check and balance on the excesses of the federal government.
To ask about the 'source' of rights or morals assumes an erreous conclusion. To ask about the source of morals is to assume that such a source exists. As if it existed outside of human constructed systems. The 'source' is the human ability to learn from experience and to entrench rights in our laws and in our consciousness. Our rights come from our long history of wrongs.
The defendant wants to hide the truth because he's generally guilty. The defense attorney's job is to make sure the jury does not arrive at that truth.
It is the wall of separation between church and state . . . that is largely responsible for religion thriving in this country, as compared to those European countries in which church and state have been united, resulting in opposition to the church by those who disapprove of the government.
We live in an age where there is both more expression and more self-censorship than existed even a decade ago. Alas, laws have immunized internet carriers from many of the usual rules that govern public dialogue. Rights must always stay ahead of technology to assure that constitutional protections apply to all forms of communication.
I think that lawyers are terrible at admitting that they're wrong. And not just admitting it; also realizing it. Most lawyers are very successful, and they think that because they're making money and people think well of them, they must be doing everything right.
The prosecution wants to make sure the process by which the evidence was obtained is not truthfully presented, because, as often as not, that process will raise questions.
I don't think the law exists to arrive at the truth. If it did, we wouldn't have exclusionary rules, we wouldn't have presumptions of innocence, we wouldn't have proof beyond reasonable doubt. There's an enormous difference between the role of truth in law and the role of truth in science. In law, truth is one among many goals.
Everybody says they're opposed to torture. But everyone would do it personally if they knew it could save the life of a kidnapped child who had only two hours of oxygen left before death. And it would be the right thing to do.
All religions and cultures suffer from sources that preach hate against the 'other.' Throughout history some have, tragically, practiced what their sources preached, while some have sought to dismiss or even counteract the hateful words of their sources.