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Saving the Fourth
alerts2015 / alert20150528.htm

May 28th 2015

Saving the Fourth


JPFO is not a defender of just the 2nd Amendment but, the entire Bill of Rights, which of course includes the Fourth. Judge Andrew Napolitano is a staunch constitutionalist and well respected, even if not agreed with by all necessarily. He writes some sage words on the contrasts between the 4th and the Patriot Act, freedom vs 'security'.

By Andrew P. Napolitano. May 28th, 2015

The Patriot Act has a bad pedigree and an evil history. In the fearful days immediately following 9/11, the Department of Justice quickly sent draft legislation to Congress that, if enacted, would have permitted federal agents to violate their oaths to uphold the Constitution by writing their own search warrants. The draft subsequently was revealed to have been written before 9/11, but that's another story.

The House Judiciary Committee reviewed the legislation and revised it so that it would meet Fourth Amendment norms. The revised version permitted federal agents to write their own search warrants for business records, but the warrants could be challenged by the custodian of the records or by the person whose records were being sought. Because the records were in the hands of a third party, they were in no danger of destruction.

The Fourth Amendment was written largely to assure that the general warrants British soldiers used to search the colonists' homes would never be lawful in the United States...... -->


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