IV. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
February 11, 2013
COMMENTARY The Constitution repealed in ten states 02-11-13
I doubt you'll find it surprising that I pay pretty regular attention to this sort of thing. And yet I hadn't heard of this particular "little" infringement until now. Why not? I suspect it's because the administration knew exactly the kind of reaction I—and decent Americans everywhere—would have. Next? How about we make damned sure every member of Congress knows about it? I'm not foolish enough to believe that some will care a whole lot, but for those who do, at least some noise might finally be made!
February 7, 2013
Pot Plans: Efforts Surge in Congress to Reform Marijuana Laws 02-06-13
The "War on Drugs" has repeatedly infringed on various and sundry Fourth and Fifth Amendment rights since the government first ratcheted up its continuously failing effort (don't get me started on how the ultimate answer to a large part of the problem is to secure our borders). But perhaps the most ill-advised segment of that so-called war involves marijuana laws, for which we can thank a puritanical Nixon administration. It's high time (no pun intended) that these laws were revisited and that marijuana properly classified as being comparable to alcohol rather than heroin!
February 4, 2013
- NYPD Muslim Spying Program Violates Handschu Rules, Say Civil Rights Lawyers 02-04-13
As much as I tend to think the police, particularly the NYPD, tend to go overboard, this isn't one of those cases. Whether the Muslim population of New York likes it or not—whether you and I like it or not—publicly accessible means the police can go there, too, wherever that might be. I'd feel differently if they were engaging in GPS tracking, wiretaps, or the like, but they aren't (at least not according to this article).
January 28, 2013
- Aaron Toby wins battle in lawsuit against the TSA 01-17-13
This young patriot offered up a virtually perfect protest against the violation of his Fourth Amendment rights. He committed no crime, engaged in no violence, was not disruptive to other passengers, and yet made his point crystal clear. Obviously, the TSA didn't much care for it and took action accordingly. Toby has finally been vindicated; we can only hope that vindication stands as tall and as firm as he did!
January 23, 2013
- NYPD Commissioner says department will begin testing a new high-tech device that scans for concealed weapons 01-23-13
Political thriller author Brad Thor (who's noted for his exhaustive research and the resulting true-to-life novels) calls this "total surveillance" right out of his latest best seller. I agree, and I suspect the two of us are equally appalled.
About the Fourth Amendment
The Fourth Amendment is probably, next to the First Amendment, the most recognizable to the average American. After all, how many times have we seen some television character answer the front door and politely ask the police waiting there if they have a warrant? The Founders fashioned this amendment after having endured the uncertainty and tyranny of British officials posssessing "Writs of Assistance" enabling them to conduct broad-based searches whenever the spirit moved them to do so, typically with no more cause than bare suspicion or vengeance. Unfortunately, the Fourth Amendment is singularly threatened in our modern society, and is threatened more now than ever.
I agree wholeheartedly with Benjamin Franklin, who knew what to say about Fourth Amendment threats, including those made today in the name of the "War on Drugs" and the "War on Terrorism": "They that can give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety." The fact of the matter is that, when you give up any of your freedoms, the terrorists win another battle in their war. And the rest of us lose.
Click here for more on the Fourth Amendment. Want to help preserve the Fourth Amendment? Educate yourself, and then take action!
