4th AMENDMENT: . . . shall not be violated . . .

U.S. CONSTITUTION

Bill of Rights

(proposed 4 March 1789, ratified December 15, 1791)

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, 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.

Ladies and Gentlemen,

Read the plain and simple language above.  Read the words and use the dictionary meanings.  On “their face” do you see or understand any hidden meanings?  Do you see any code words?  No, you do not.

How can you assure yourself this language was written to be understandable by the all of “the people”?  Not only during the time it was adopted, but for all time until amended by proper procedure?

You look to the Preamble to the Bill of Rights which explains why the Bill of Rights is being proposed:  I will underline the text I wish you to examine:

The Preamble to The Bill of Rights

Congress of the United States
begun and held at the City of New-York, on
Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

What was the reason for the Bill of Rights?

To calm the fears of “the People” that their new government would never perpetrate the same abuses against “the People” that The King of England and Parliament had perpetrated against “the People”.

Go back to the language of OUR 4th Amendment:

Do you see any exclusion for “security of the state”?  Do you see any “unless”, “except”, “whenever”, or like word?

NO!  You do not!  Here are “our” words:

“SHALL NOT BE VIOLATED”

And what is the reason particularly for the 4th Amendment?  Lets read together her language again:

The right of the people to be secure in their persons, houses, papers, and effects, . . .

  • There is no distinction between persons or houses.
  • There is no distinction between persons and papers.
  • There is no distinction between person and effects.

All categories receive the EQUAL PROTECTION!

There is no distinction between written word or spoken words.

Do the protections provided by our Constitution live or die based upon whether a communication is transmitted in person or in writing?  No, both oral and written communications are protected.

Do the protections provided by our Constitution live or die based on where they are hidden?  No, hidden on the person, on papers, in houses, or in effects are all protected.

Does the way in which a communication is transmitted somehow change the protections afforded and guaranteed by our Constitution?  No

  1. Spoken words are protected.
  2. Written words are protected.
  3. Written words are protected equally as spoken words.

Consider:

  • Does it matter if the spoken/written word were hidden on the person?  no
  • Does it matter if the spoken/written word were hidden in a home?  no
  • Does it matter if the spoken/written word were hidden in some effects?  no
  • Does is matter if the spoken/written word were carried by a person on foot?  no
  • Does it matter if the spoken/written word were carried by horse?  no
  • Does it matter if the spoken/written word were carried by wagon?  no
  • Does is matter if the spoken/written word were carried by rowboat?  no
  • Does is matter if the spoken/written word were carried by sailing ship?  no
  • Does is matter if the spoken/written word were carried by steam ship? no
  • Does is matter if the spoken/written word were carried by diesel powered ship?  no
  • Does it matter if the spoken/written word were carried by train?  no
  • Does it matter if the spoken/written word were carried by automobile?  no
  • Does it matter if the spoken/written word were carried by plane?  no
  • Does it matter if the spoken/written word were carried by telegraph lines?  no
  • Does it matter if the spoken/written word were carried by telephone lines?  no
  • Does it matter if the spoken/written word were carried by electrical cable lines?  no

Our Constitution protects “the People’s privacy from government action regardless of how the communication is transmitted, stored, or carried.

Our Constitution protects “the People’s” privacy from government action regardless of how or where the communication is stored or hidden:

  • on your person,
  • in/on your papers,
  • in your house, or
  • in your effects.

Our Constitution protects “the People’s” privacy from government actions regardless of how the communication is carried:

  • oral
  • letter
  • on person,
  • on horseback
  • on wagon
  • on ship
  • on automobile
  • on plane
  • on motorized vehicle
  • on telegraph
  • on telephone
  • electrical lines

Then? How in the world and according to what logic and philosophy:

Does the mere fact that nearly ALL of our voice and written communications are now transmitted digitally, instead of by analog means, imply “the People” lose their rights guaranteed by Our Constitution?

Does the speed of a communication determine whether or not that communication is protected?  No!

Communications are protected if spoken/written and transmitted on foot, horse, automobile, plane and electrically at the “speed of light” if kept on “a conducting wire/line” using a rotary or push button phone.

  • The Form or method, by
  • Electricity, and
  • Speed

are not the determining factors.

The difference is because a fiber optic line and computer code are used to transmit the communication.  Magically, computers and fiber optic lines and digital use, cause “the people” to lose their privacy rights afforded to them by God?

The determining factor for losing a God given right is whether the communication is kept on an analog switch and copper wire or transmitted digitally by fiber optic line?

NO !

Not only no; but Hell no!

Reflect upon the illegal actions of the United States Federal Government as related by “the Guardian”:

NSA collects millions of text messages daily in ‘untargeted’ global sweep

May God bless and keep safe, America and her promise of EQUAL LIBERTY for all of The People.

texas

5 thoughts on “4th AMENDMENT: . . . shall not be violated . . .

  1. Sorry, Tex, this no longer applies. Haven’t you heard? The Supreme Court ruled that it is ‘lawful’ to suspend these rights — so long as the suspension does not provide any significant inconvenience.

    I’m not sure which case this was connected to, I just remember it had something to do with DUI check points. But I know the court said this, and since the court has become the final word on all things Constitutional…. (is my sarcasm coming through here? 🙂 )

    So, by logical extension, there is NO ‘inconvenience’ in having your rights violated by electronic means, so you and I must not have any of these rights where government snooping is concerned.

    [MAN, does this hit to the heart of my argument against bowing to the alter of tyrants in black robes]

  2. Great Post Texas95 … !!!!

    There have been push-backs to the DUI checks all over the State of Texas !!……… To the Point some Local LEOs have said they won’t be participating again ….a GOOD sign. And we need those Too …. :- ) .

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