“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
The Fourth Amendment to the U.S. Constitution guarantees the right to privacy. Like other amendments in the Bill of Rights, it doesn’t create the right; it limits government interference with it. Shortly before he announced his withdrawal from the presidential...
While we are all consumed with Joe Biden’s bumblings and Donald Trump’s trials, the federal government’s rapacious appetite for spying on the private behavior of Americans as to whom it has no suspicion of wrongdoing continues unabated. Last week,...
The government wants us to believe that we have nothing to fear from its mass spying programs as long as we’ve done nothing wrong. Don’t believe it. It doesn’t matter whether you obey every law. The government’s definition of a “bad” guy is extraordinarily broad, and...
Late last week, a judge on the Foreign Intelligence Surveillance Court revealed that he had had enough of the FBI and Congress trashing the Constitution. The normally secretive court and the normally secretive judge explained in a rare public opinion the unlawful...
Last week, the Director of National Intelligence, the data-gathering and data-concealing arm of the American intelligence community masquerading as the head of it, revealed that in 2021, the FBI engaged in 3.4 million warrantless electronic searches of Americans. This...
The Fourth Amendment’s requirements for obtaining a warrant have been subverted in practice and in legal theory. That’s the argument made in “The Broken Fourth Amendment Oath” paper written by Law Professor Laurent Sacharoff. The paper focuses on the need for...