Neil Gorsuch: “Federalism is a key part of it.”

That Fourth Amendment test, which the Court invented in 1967, has no basis in the Constitution's text or history.

Apart from pointing to habitual drunkard laws, the government has not even attempted to prove that any other specific historical principle might justify its prosecution in this case.

Today, independent agencies do not just exercise executive law-enforcement powers.

The Court should ditch those precedents, which he says are indefensible in theory and unworkable in practice.