Lawyer talk. Punt to khalling. Ex nihilo translates from nothing. FISC is basically saying even in a large grouping of individuals, if no one has a 4th amendment interest, there is not a 4th amendment cause to be found because the requirement for 4th amendment protections cannot spring from nothing. The question now arises, How can you so group individuals so that a group with no 4th amendment interest exists? The conglomeration of such a group would entail such a massive data collection and sorting process as to warrant the effort to be a wasteful exercise in terms of money and manpower.

Oh, I forgot we are dealing with a money flush, power grabbing bunch of tin pot dictators whose sole aim is to render into slavery and serfdom all those who are not part of their coterie.

The sad fact of US Constitutional law is that we have already given up our 4th amendment rights, when the government treats us as a group. For instance, the TSA. Just because I am flying does not mean I give up my constitutional rights, but the SCOTUS has said it is okay if they violate everyone’s 4th amendment right as a group. Another example is random sobriety roadside checks. SCOTUS said that is fine as long as there is a compelling government reason for the checks and everyone has to pass through the check point.

Rights in the constitution are individual. Just because you join a group you do not gain or lose rights logically. But our law now gives special rights for protected classes of people, we have special rights for people in unions and we have special waiver of rights if we travel or communicate with electronic technology.

When I went to law school I took two semesters of Constitutional law. We never read more than selected phrases from the Constitution. The reasoning and writing of opinions by SCOTUS particularly after FDR threatened to pack the court would not pass a high school freshman writing class.