Monday, October 25, 2010

US Law - The 4th Amendment

Our Constitution was written with natural rights in mind. James Madison submitted the Bill of Rights so that these natural rights would be clearly stated. The Fourth Amendment is most appropriate with respect to the illegality of the TSA scanners:
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. -US Constitution, Amendment IV
The language could not be more clear. Note:
  • The scanner and pat-down are opposed to your natural right to ownership of your body
  • Naked viewing and frisking are unreasonable searches
  • The TSA does not have a warrant
  • A warrant is not to be issued without probable cause

3 comments:

  1. Do you really think you have anything in your drawers that would shock or amaze the rest of us?

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  2. @Anonymous
    You do not get the point. This is not about my modesty, but everyone's natural-born right to be modest if they so choose. This type of intrusion is reserved for criminals in any sane society, and even then we have ethical rules to guide our treatment of said criminals. What crime is being committed by someone who buys a plane ticket? Where is the search warrant?

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  3. The basic problem is that everything in this country, from airport security to customer service, has to be dumbed down and automated to the point where an eighteen year old making minimum wage can operate it. Other countries (Israel, France, and so on) manage airport security by simply having well trained, well paid people responsible for it. They understand that their job is to target the likely problems, and be as unobtrusive as possible to everyone else, and have the skills to do so. It is always easier (and cheaper) to simply hassle everyone, and hope you get lucky, so that's the tactic the USA always chooses.

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