The death of the 4th amendment

Everybody is up in arms about encroachment on the 2nd amendment but I'm wondering how many of you care about the 4th, which, for all intents and purposes, no longer exists.



Google and Microsoft have both issued statements indicating the number of times the FBI has "requested" information on the accounts of presumed US citizens without warrants. In 2011 the FBI issued 16,511 National Security Letters infringing on the rights of 7,201 different individuals.



That's it. I bet we don't get to 14 pages though cause we've gotta get those mean old Muslims.

My biggest fear is that people have been too concerned with their "favorite" right in the Bill of Rights, and have not paid attention to the others, which when degraded serve only to degrade the remaining rights.



2nd Amendment aficionados would be well served to look at the history of erosion in the 7th Amendment that states that our "right of trial by jury shall be preserved". And now look at how little the language of "shall be preserved" has done to protect that right---it's pretty analogous to the "shall not be infringed" language of the 2nd, and the history of the 7th is very frequently alluded to by gun control advocates.



When any one right or liberty in the Bill of Rights is nicked, every other one bleeds. The Right can't jump behind the PATRIOT Act talking about the horror of 9/11 and the need for security that trumps the 4th Amendment and then try to hold the Left accountable for talking about the horrors of Newtown and the need to corral the 2nd Amendment. The Right made their bed long ago, but only now are they for some reason concerned.

I am very concerned about the 2nd ammendment not only because it infringes on our right to keep and bear arms but, as you indicate, the dimming of one light causes the dimming of others. When you stomp out one light and get away with it, the next one will be easier. What was the saying about what the Nazis did to the Jews? When they took ??? it didn't bother me cause I didn't have ??? when they outlawed ??? such and such it didn't bother me cause I wasn't one etc. I wish I could remember that because it sure looks like that's what's going on now.

I'm equally concerned about this amendment, but like the OP pointed out, this issue is politicized to simply get them rascal muslims out there. That's probably why the DHS has ordered BILLIONS of rounds of ammo. Those darn domestic jihadists.



Actually, the 4th died long ago, with the commencement of the ironically named Patriot Act.

jvquarterback wrote:


cause we've gotta get those mean old Muslims.

Just curious - looking for some illumination on your point of view. You do not believe a genuine threat exists from the Muslim Jihadi's?

Cheer up you all! The third amendment is still going strong! ;)

True Boise - but I have a beef with the 3rd Amendment. Could it be expanded to include unwanted relatives? Then it would have my full support. :D

Ddawg wrote:
True Boise - but I have a beef with the 3rd Amendment. Could it be expanded to include unwanted relatives? Then it would have my full support. :D

Can't help you. While the 14th, I think, made the Amendments applicable to the States it does not make them applicable to relatives.... But surely in the "penumbra" of constitutional rights there radiating is what we need, yes? ;)

Cheat Sheet



Amendment II - Right to Bear Arms

Amendment III – Housing of Soldiers

Amendment IV – Search and Seizure

Amendment VII- Rights in Civil Cases (Trial by jury

Amendment XIV- Civil Rights

Be wise

hawkwing wrote:
Be wise

Care to elaborate?

O be wise; what more can I say?



Jacob 6:12

We as Americans should be extremely concerned and do everything we can about the death of the 4th Amendment, as it dies, the 1st Amendment gets considerably weaker.



I think it's fair to say that the Government is almost never on your side and they are certainly never going to look into what you're doing in order to help you. As much as I respect and support law enforcement anything you say to them CAN and WILL be used against you. Nothing you say will ever be used in order to help you.



So while warrantless drones, email snooping, cellular tracking etc. are all issues we need to take a stand against, we also need to be aware and use the 4th Amendment in our own personal lives.

If Americans really cared about privacy, facebook wouldn't exist.

SpiffCoug wrote:
If Americans really cared about privacy, facebook wouldn't exist.

I've said it before on here. Most americans don't know how much privacy they are giving up with facebook, or I don't think many would be using it.

The 10th Amendment died first. Search for a Supreme Court case where the Supreme Court held that the Federal Government was infringing on the State's right. Let me know if you ever find a case on point post FDR. The Supreme Court during his time had it right and was striking down legislation left and right since what was being legislated was not expressly in the Constitution, nor did it really affect interstate commerce. Did you realize that most federal legislation is passed under the guise of Congress regulating interstate commerce? Civil rights--interstate commerce. Gun control laws--interstate commerce. Abortion laws--interstate commerce. Some how I don't think that is what the founders meant by Congress regulating interstate commerce. Anyway, back to my story...so the Supreme Court was rightly striking down all legislation that did not have a direct and predictable effect on Commerce. So FDR, nice guy that he was, was going to pack the Supreme Court with liberal justices--after all, no where in the Constitution does it say how many judges will sit on the Supreme Court. Then World War II happened, and the phrase "a stitch in time saved nine" came about. Anyway, that's going from memory in law school ten years ago, so it should be pretty accurate.