Big Government Meets the Fourth Amendment

By Joe Carbonari

The question first becomes, How much of our privacy are we willing to cede to those entrusted to protect us? Then we must ask, How are we, average citizens, to know enough to rationally make the decisions required? Realistically, we cant. Too much secrecy and technology is involved.

After the Sept. 11, 2001, attacks we naturally tilted more to the security side, sacrificing some privacy. That was understandable. Now many of us feel that we may have tilted too far, particularly where metadata is concerned. Our phone records, emails, financial information, and health history are all either compromised or at risk. Shall we shrug and acquiesce? What actual power do we have?

We have the power of the ballot. We have the power to choose who makes the big decisions for us, what processes they must follow and who checks up on them. Their courage, intelligence, and character are key. Please choose carefully.

By Tim Baldwin

For example, the U.S. Supreme Court recently ruled that our DNA is subject to privacy interests, that governments use of drones is limited by the Fourth Amendment, and that government cannot affix GPS tracking on vehicles without a warrant.

It is amazing a constitutional Amendment ratified in 1791 still has a significant impact on limiting government action. This proves, in part, that Amendments to the Constitution (see, Article V, U.S.C.) work to limit government power.

The executives of government naturally care less for privacy rights, given the nature of their law-enforcement role; but thankfully state and federal judiciaries have largely and consistently been faithful at limiting big government tendencies through the Fourth Amendment.

Originally posted here:
Big Government Meets the Fourth Amendment

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