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> I disagree that third party doctrine is outdated, as the article states.

I agree. It isn't outdated, it's just wrong - and it's been wrong all along.

> they could have written the text that way. They didn't.

Most likely because it seemed self-evident to them. Keep in mind, the Framers, as brilliant as they were, were hardly perfect, and their language has been ambiguous in more than one place. In fact, you could argue that the Constitution is riddled with holes and contradictions. Look at the language around the 2nd Amendment. Look at how their is an enumerated powers clause, but also a "necessary and reasonable" clause, and all the consternation that has caused. Heck, consider the 3/5's Compromise, which does not exactly show the Founders in terribly good light.



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