The 4th Amendment – Supreme Court Justices & the Constitution

This provision (the 4th Amendment) speaks for itself. Its plain object is to secure the perfect enjoyment of that great right of the common law, that a man’s house shall be his own castle, privileged against all civil and military intrusion.” Justice Joseph Story (1779-1845) US Supreme Court Justice 1833

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury… nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb, nor shall be compelled in any Criminal Case to be a witness against himself, not be deprived of life, liberty, or property, without due process of law, nor shall private property be taken for public use, without just compensation.”Constitution of the United States Source: Bill of Rights, Fifth Amendment, 1791

“The 4th Amendment and the personal rights it secures have a long history. At the very core stands the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion.”Justice Potter Stewart (1915-1985), U. S. Supreme Court Justice Source: Bartkus v. Illinois, 5 March 1961

Let’s see how the current Supreme Court – favoring the Bush Administration – gets around this when the time comes.

  1. illa morales

    Henry Rollins on not relenting to control of the internet! (adult language)

  2. Maybe they can just employ the Kelo decision to go ahead and take said home away? After all, what are these protections worth if you can’t even say no to the government wanting to take your home.

  3. Right you are – especially when coupled with the Executive Order of July 17 which states that the government can take your property if you are deemed to be a threat to national security. The loopholes are being closed.

  4. illa morales

    Would you like your constitution broiled, braised, fried or shredded au gratin?

  5. illa morales

    Removing A Failed President, Without Impeachment

  6. illa morales

    Leaders constantly trumped by lame-duck President

  7. illa morales

    Loved this response to an article about The Empire Without Clothes. Unfortunately the comment is more worthwhile than the article. Enjoy…

    Brett Paatsch said on August 8th, 2007 at 9:07 am #

    Mr Corseri you write fairly well but you are howling at the moon. Its all just “words, words, words”.

    I went with interest to you question “what to do?” and there is nothing specific suggested. You say that it is past time for impeachment and that Bush, Cheney and Kissinger should be sent to the Hague. It seems as though for you the laws of the United States can just be ignored.

    Under the US Constitution the US President retains the Presidential pardon power except in cases of impeachment.

    It was the Bush administration that “unsigned” the International Criminal Court treaty and with the support of Congress passed what Phillipe Sands in his book _Lawless World: America and the making and breaking of global rules_ refers to as “the Hague Invasion Act”.

    It would be against current US law for US citizens to turn other US citizens over to the Hague. No solutions of the sort that you yearn for can come from the widespread breaking of more laws. Law is the only alternative to war. We must get the laws right and uphold them or all we can do is change the names of the villains.

    Impeachment is imperative because impeachment is the Constitutionally prescribed remedy to “high crimes and misdemeanors” and anything else leaves both the President and a historical precedent in place that other political scoundrels will not fail to take advantage of.

    Certain principles are absolutely bedrock for civilization to be able to work. Amongst these are that the rule of law must apply to all including Presidents and that promises, solemn promises such as the oaths that all elected representatives take to support and defend the Constitution against all enemies foreign and domestic be upheld.

    It is really ultimately that simple. No representatives in any system of government will represent their constituents if they are allowed to break their oaths of office which is the very first and most personal promise they can make. And laws must be upheld lest people lose confidence in them and revert to jungle law.

    Humanity has already created the intellectual frameworks in such constructions as the US Constitution and the UN Charter as it needs to acheive most of what is desirable but humanity in general and Americans in particular have not yet learned the very simplest of things. Oaths taken must be kept and laws must apply to all.

    Impeachment is the necessary and practical step. The US Constitution says at article 6 that “all treaties made” (such as the UN Charter) “shall be” part of “the supreme law of the land”. Bush broke the “supreme law” of the land when he invaded Iraq. Thousands of Americans and tens or hundreds of thousands of Iraqis died as a consequence. It stands to reason if anything ever does that that sort of death toll arising from an illegal act must constitute a high crime.

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