4th Amendment
Restoring the Fourth Amendment’s Oath or Affirmation Clause
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...
The Coming War on Privacy
When Attorney General Merrick Garland was asked at his confirmation hearings earlier this month what his priorities would be if confirmed, he responded immediately that it would be a vigorous pursuit of domestic terrorism. He did not say he would lead vigorous...
Surveillance Kills Freedom
“The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man’s spiritual nature, of his feelings, and of his intellect. They knew that only a part of the pain, pleasure and...
The Founding Father of the Fourth Amendment
February 5 marks the birth of the American who had the greatest hand in what became the 4th Amendment’s prohibition of unreasonable searches and seizures – James Otis. Unfortunately, “one of the most passionate and effective protectors of American rights” is...