Finding an application of E.P. to this issue is difficult, because it's so new. The VT Supreme Court did it, but it was based on the broader protections of VT's constitutuion. In the Mass. opinion, it is also based on the Mass. constitution, but the Mass. court is very clear it would interpret the US Constitution's E.P. clause the same way. If you really want to read the best essay on the topic, get the Mass. opinion and read it. I posted a lenghty review of it here.
I was simply talking about all the Amendments that don't apply when I mentioned a "waste." Each amendment is a different argument (some are more than one). Posting ones that don't apply is like tossing the whole US Code at a criminal and saying "you broke this law." I was just trying to narrow it down and hone in on what the rule of law that was applied was.
[Edit]
HERE is the other thread. I posted some news article, linked the opinion, and gave a point-by-point analysis of the salient arguments addressed. All you need to know in one handy nutshell.
[ 12-11-2003, 03:30 PM: Message edited by: Timber Loftis ]