... whatever provenance, but now to enact positive measures to ensure a minimum level of social protection, including (indeed especially) where the threat to that protection originates from non-state actors. Consent is a powerful exception because it allows law enforcement officials to conduct searches absent probable cause or even reasonable suspicion.4 Given the broad sweep of this power and the magnitude of the plan's impact if implemented in the public housing developments throughout the nation, it is essential to carefully scrutinize whether blanket consent for police searches given in the context of a public housing lease is truly voluntary. Another concern related to separation of powers is that the American constitutional tradition presumes that courts have an easier time enforcing negative political and civil rights rather than positive socio-economic rights. It seems simpler for a court to order the government to stop interfering with speech than for a court to determine how much ...

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