I think nobody really cares, I’m sure there are some freeze peach advocates who are in uproar.
I think the question of how far to go in codifying rights is an interesting one. Here in South Australia there were anti-organized-crime laws introduced a while back whereby the Commissioner of Police can apply to a judge to have an organization declared criminal. After that is granted, they can apply for control orders against members of those organizations. Here are some of the things those control orders can forbid:
- associating or communicating with a specified person or persons or class of persons;
- being in the vicinity of specified premises;
- possessing specified articles or weapons;
- using or possessing a telephone, mobile phone, computer or other communications devices , or limiting the use of these devices;
Literally police can order you not to associate with other members of that organization and if you do, you’re committing a crime.
Obviously these are extraordinary powers and there was huge public debate at the time they came into force. But this is all out in the open. The police said “look we need these powers to deal with organized criminal gangs”, the government passed laws, and all the declarations and orders and so forth are a matter of public record.
Compare this to the US, where the way police get around onerous legal requirements is just to lie. They lie all the time, everyone knows they do it, there is a culture of tolerating this within the law enforcement and judicial establishment. It’s not clear to me that this is a better solution when police are trying to operate in conditions that they feel are restricting them from getting their job done. Here the police are able to just stop cars and search them if they want to. Did constantly having to be like “oh yea I could smell marijuana actually” foster the culture of lying among US police? I don’t think it’s a crazy argument. If the government had said “no sorry you can’t have the powers, it’s illegal” to SA Police, would that have been the end of it, or would the next step be internal agreement in SA Police that they were going to have to start bending the rules and telling a few white lies to get the job done?
Constitutional protections also did not stop civil rights abuses in the Bush era for example; instead, again, the government just did them in secret and when caught were like “oh that was a whoopsie”.
The other way the “is this meant to be your shield Lord Stark, a piece of paper” thing operates is legal “interpretation” at elite levels. The entire way Congress operates is underpinned by an obviously bullshit reading of the Commerce Clause. In Wickard v Filburn SCOTUS held that wheat production limits set by Congress applied to a farmer who had grown wheat on his land and had not merely not sold the wheat interstate, but hadn’t sold it at all. This is what happens when the demands of a system collide with the law; they just declare that “interstate commerce” applies to something that is very plainly neither interstate nor commerce.
That leads to the other issue with sweeping codified rights; they can be weaponized to take political questions out of the hands of democratic institutions. When it comes to the First Amendment, of course Citizens United is the obvious example.
I’m not saying I think constitutional rights are bad, I’m saying I think that whether they are the best way to ensure freedom happens in practice is a more complicated question than it appears.