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