Issues/Constitution

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See other issues.

The federal and state governments now routinely violate the Constitution, and such violation is frequently upheld by the Supreme Court. Often this is a case of well-meaning individuals trying to do the right thing in the wrong way, but often it is more sinister. It is always dangerous, and the commonplace nature of these violations is a strong indication of how far we have already drifted into the territory of a tyranny.

We have long been interested in documenting the many ways in which we ignore the Constitution, and this stub is the beginning of such documentation. We are currently building up the list. We will then work to go into detail about each item.

Disregarding the Constitution

TSA Airport Security Checkpoints

Here we have a clear violation of the 4th amendment.

We have gotten used to searches in similar contexts. When we go to a baseball game, we may have our bags searched. When we take the train, we may be arbitrarily stopped and required to present a ticket. There are many similar circumstances, and in each of these cases, there is rarely "probable cause" to believe that we have done anything criminal, or otherwise nefarious. (Though I take umbrage at see the government employed to do this policing for corporations, granting them, in some cases special privilege which violates equal protection, while they ignore the general policing which we citizens require of them. One particular incident when I was ignored when trying to report apparent human trafficking comes to mind.) In each of these circumstance, a doctrine (which I consider suspect) is employed by which we, by purchasing a ticket, have granted our consent to such searches. Effectively, we are purchasing a contract with the company wherein we pay money, consent to searches, and a host of other things (eg. refraining from taking photographs), and in return we are granted entry, access, or some other privilege. The searches are part of our contract with another person, or organization.

In the case of the TSA's airport security checkpoints, it is not the airlines or the airport which have required these searches from us. It is the government that has required these searches. The government has no incentive to avoid offending flyers, because we are not their customers. They impose this requirement uniformly, even if unconstitutionally, and have therefore established an effective monopoly, so that we have little choice but to let the government humiliate us however it pleases despite the fact that they have no probable cause to suspect us of criminal or nefarious activity. They can get no warrant to search me, but they search me all the same.

DUI Checkpoints

This is another clear violation of the 4th amendment.

Stopping a suspected drunk driver (eg. someone weaving dangerously through traffic) is one thing. Carpet bombing an entire street with police officers performing searches indiscriminately is unconstitutional.

No-fly Lists

Section 8 of the Constitution grants to Congress the authority to regulate interstate commerce. However, that power is limited by the 5th amendment requirement that the federal government not deprive one of liberty without due process of law.

In the case of no-fly lists, we have a liberty which is being taken on very broad terms, in a secretive way. It is not easy to know how to get onto a No-fly List, and the only indication that one has gotten on to such a list is to attempt to fly, and then be rejected. (Even then you may not be told why.) This can have very serious consequences, interfering with one's ability to fulfill obligations, keep appointments, or complete travel plans with family. Once one has gotten onto a No-fly List, getting off is also no simple matter. Even worse, once someone with a similar name has gotten onto the No-fly List, or the related Selectee List, then that name becomes a discriminator, so that anyone with a similar name can be find themselves treated very much like they were actually on the list themselves.

We see one such example in former Senator Ted Kennedy, who, back in 2004, had some significant trouble traveling because his name was similar to the known alias of someone on a watch list (whether it was the No-fly List, or the Selectee list seems to be in doubt). Even being a U.S. Senator with direct access to high ranking officials, it took weeks for the matter to be resolved.

The manner in which one gets onto a no-fly list is uncertain, the manner for contesting an inclusion on the no-fly list is uncertain, and one is never informed that one has gotten onto a No-fly List. This is a very shady kind of due process, if we are to imagine that it is any kind of due process at all. Things get even more precarious when we start proposing that this list be used to also restrict gun ownership.

The War on Drugs

We personally don't like recreational drugs, and we don't think it wise or healthy to use them. We aren't against state efforts to control substances in general.

However, for the federal government, this is a different matter. The only authority that the Constitution grants to the federal government that has any bearing on the "War on Drugs" is the authority to regulate interstate commerce. However, possession, use, and sale laws (except, of course, as regards interstate sale) are not enacted or implemented based on any a legitimate authority of the federal government.

See Also

External Resources

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