Rachel Alexander not much of a Constitutional scholar
Posted on January 5th, 2009 at 8:07am by bile Tags: 4th Amendment, Bill of Rights, Bob Barr, Gitmo, Guantanamo Bay, probable cause, Rachel Alexander, rights, Ron Paul, surveillance, terrorism, unreasonable search and seizure, US Congress, US Consitution, wiretappingCivil libertarians, including prominent conservatives like Rep. Ron Paul and former Rep. Bob Barr, have made loud objections to the U.S. government’s efforts to counteract terrorism in the wake of 9-11. In particular, they have protested the detainment and interrogation methods used on suspected terrorists at Gitmo, wiretapping, and other methods of surveillance. They don’t represent the majority of Americans, many who privately say anyone involved with terrorism should be executed. They don’t dare say this publicly since the law has evolved over time to provide those accused of crimes certain privileges, labeling them “rights.” While some of these “rights” make sense in order to prevent the government from falsely imprisoning innocent people, at some point there is a line where these specified additional “rights” for suspected terrorists begin to infringe upon the rights of innocent Americans.
So even though we all know the Guantanamo detainees have been aiding and abetting terrorists whose sole goal in life is to kill U.S. citizens, we pretend that the U.S. Constitution includes all these additional “rights” for terrorists and their aiders and abettors, ultimately enabling them to continue their attacks upon U.S. citizens.
Many of the anti-terrorism methods being attacked by civil libertarians involve new methods and areas of communication never addressed nor contemplated by the Constitution or Congress. Claims that our freedoms are gradually being eroded by the government’s attempts to deal with terrorism are inaccurate since these new areas had never been established as constitutional rights for those accused of terrorist activity.
The Constitution doesn’t establish rights. It is a negative rights document. The Bill of Rights merely explicitly points out particular things Congress can not do. Madison and others thought the original 12 amendments were pointless due to the nature of the Constitution. Negatives rights and enumerated powers.
Congress has passed laws attempting to reconcile changing technologies with the Fourth Amendment’s vague general protection against “unreasonable” searches and seizures – emphasis on unreasonable.
Changes in technology are of little or no matter. “Unreasonable”… without reason. If you want to search and/or seize the 4th Amendment explains how to legally do so. It clearly includes “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.”
Probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. If these “terrorists” are found to have done harm or clearly intended harm on another then by all means. However, you can’t go and justify the search or seizure after the fact. And note how she calls these people terrorists outright rather then accused terrorists. I don’t even think accused terrorist is appropriate as there has been no evidence they actually performed any act of terrorism. Likely they are wannabe terrorists at best. Which in and of itself is no crime. Not a real crime but one of thought.





