• Monthly
  • $25
  • $50
  • $100
  • $other
  • use PayPal

SPRING FUNDRAISER

Is it time for our Spring fundraiser already? If you enjoy what we offer, and have the means, please consider donating. The sooner we reach our modest goal, the faster we can get back to business as (un)usual. Please, stay safe and we’ll see you down the road.
FacebookTwitterRedditEmail

4th Amendment RIP

The 4th Amendment, an unwavering champion of our right to privacy, died on 18 November 2002. The amendment, adopted by the convention of states on 17 September 1787, was 215. The 4th tirelessly fought to guarantee that “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.”

The 4th has had health issues over the years, struggling with those that have tried to weaken it. Most recently, it received a life-threatening blow from the USA Patriot Act. But lower courts, concerned about possible civil liberties abuses, tended to the injury by trying to curtail some of the Act’s power.

On the 18th, the ruling of the lower courts was overridden by an all but unknown court: the Foreign Intelligence Surveillance Court of Review, which is the appeals arm of the Foreign Intelligence Surveillance Court (FISC). The appeals panel includes three men that were appointed by Chief Justice William Rehnquist. The courts meet in secret at the Justice Department. Initially, the FISC ruled the surveillance privileges sought by John Ashcroft after 9.11 “were not reasonably designed” to ensure the privacy rights of citizens. It cited many previous abuses of surveillance laws. But government lawyers sought a review. And the appeals panel determined the authorized surveillance measures of the Foreign Intelligence Surveillance Act (FISA) are “reasonable.”

And so, with the courage characteristic of its life, the 4th succumbed to this ruling at its home in the pages of the Constitution, surrounded by friends and loved ones.

Ann Beeson of the Civil Liberties Union, a long-time supporter of the 4th stated: “As of today, the attorney general can suspend the ordinary requirements of the 4th Amendment in order to listen to phone calls, read e-mails, and conduct secret searches of Americans’ homes and offices.” Those that are being monitored won’t know it. So, in essence, there is no mechanism in place to challenge the surveillance. And currently, only the government can do that.

John Ashcroft was reportedly seen shortly after the decision dancing around in circles on tiptoe, hugging himself while singing, “hot damn, hot damn, hot damn.” On record, he called the ruling revolutionary and said, “the decision allows the Department of Justice to free immediately our agents and prosecutors in the field to work more closely and cooperatively in achieving our core mission…the mission of preventing terrorists attacks.” As it stands, the definition of a “terrorist” is broad enough to include almost anybody.

Even if the ruling had gone the other way, the 4th would’ve surely lost its life at the hands of the likes of John Poindexter and his new post-9.11 brainchild: the Information Awareness Office (IAO), a new pentagon operation with a $200 million budget that Poindexter will head. Poindexter, retired rear admiral, and former national security advisor is most remembered for another of his brainchildren: funding anti-Sandinista rebels in Nicaragua by selling arms to Iran. He was released from the jail sentence he was serving for lying to Congress about this because it was decided his evidence warranted congressional immunity.

The premiere program of the IAO will be called the Total Information Awareness Program. This program, if it so desires, can develop a dossier on every single American, unearthing and tracking nearly everything a person does with little or no need to explain itself and its motivations. This unchecked, broad-sweeping power is something our dearly departed amendment would be greatly dismayed to see.

The 4th was loved and respected by the citizens throughout the US that it protected. “How will I ever feel comfortable exercising my 1st amendment rights without the protections of the 4th?” asked one mourner, crying into her copy of the Constitution. Fearing repercussions, she refused to state her name. “I always knew I could count on it,” she continued. “It was always there for me.” Another sobbed, “El Cuarto – that’s what we used to call it- was such a big part of my life. It’s what made our country different from those police states. What are we going to do now?”

What indeed. The 4th Amendment will be sorely missed.

It is survived by 26 sibling amendments. The besieged 1st, 6th, and 14th amendments are also fighting for their lives. And the 2nd continues to be held hostage by special interests.

The surviving amendments ask that in lieu of flowers, you send your congressperson(s) your heartfelt sentiments.

CAROL NORRIS is psychotherapist and freelance writer. She can be contacted at writing4justice@planet-save.com

 

More articles by:

Carol Norris is a psychotherapist, freelance writer, and longtime political activist.

June 01, 2020
Joshua Frank
It’s a Class War Now Too
Richard D. Wolff
Why the Neoliberal Agenda is a Failure at Fighting Coronavirus
Henry Giroux
Racial Domestic Terrorism and the Legacy of State Violence
Ron Jacobs
The Second Longest War in the United States
Kanishka Chowdhury
The Return of the “Outside Agitator”
Lee Hall
“You Loot; We Shoot”
Dave Lindorff
Eruptions of Rage
Jake Johnston
An Impending Crisis: COVID-19 in Haiti, Ongoing Instability, and the Dangers of Continued U.S. Deportations
Nick Pemberton
What is Capitalism?
Linda G. Ford
“Do Not Resuscitate”: My Experience with Hospice, Inc.
Medea Benjamin - Nicolas J. S. Davies
Who Are the Secret Puppet-Masters Behind Trump’s War on Iran?
Manuel García, Jr.
A Simple Model for Global Warming
Howard Lisnoff
Is the Pandemic Creating a Resurgence of Unionism? 
Frances Madeson
Federal Prisons Should Not be Death Chambers
Hayley Brown – Dean Baker
The Impact of Upward Redistribution on Social Security Solvency
Raúl Carrillo
We Need a Public Option for Banking
Kathy Kelly
Our Disaster: Why the United States Bears Responsibility for Yemen’s Humanitarian Crisis
Sonali Kolhatkar
An Open Letter to Joe Biden on Race
Scott Owen
On Sheep, Shepherds, Wolves and Other Political Creatures
John Kendall Hawkins
All Night Jazz All The Time
Weekend Edition
May 29, 2020
Friday - Sunday
Tim Wise
Protest, Uprisings, and Race War
Nick Pemberton
White Supremacy is the Virus; Police are the Vector
T.J. Coles
What’s NATO Up to These Days? Provoking Russia, Draining Healthcare Budgets and Protecting Its Own from COVID
Benjamin Dangl
Bibles at the Barricades: How the Right Seized Power in Bolivia
Kevin Alexander Gray - Jeffrey St. Clair - JoAnn Wypijewski
There is No Peace: an Incitement to Justice
Jeffrey St. Clair
A Few Good Sadists
Jeff Mackler
The Plague of Racist Cop Murders: Ahmaud Arbery, George Floyd and the COVID-19 Pandemic
Joshua Frank
In Search of a Lost Socialism
Charles Pierson
Who are the “Wrong Hands” in Yemen?
David Schultz
Trump isn’t the Pope and This Ain’t the Middle Ages
Andrew Levine
Trump Is Unbeatable in the Race to the Bottom and So Is the GOP
Ramzy Baroud
Political Ambiguity or a Doomsday Weapon: Why Abbas Abandoned Oslo
Pam Martens - Russ Martens
A Growing Wave of Bankruptcies Threatens U.S. Recovery
Joseph Natoli
Conditions Close at Hand
N.D. Jayaprakash
No Lessons Learned From Bhopal: the Toxic Chemical Leak at LG Polymers India 
Ron Jacobs
The Odyssey of Elias Demetracopoulos
J.P. Linstroth
Arundhati Roy on Indian Migrant-Worker Oppression and India’s Fateful COVID Crisis
Melvin Goodman
Goodness Gracious, David Ignatius!!
Roger Harris
Blaming the COVID-19 Pandemic on Too Many Humans:  a Critique of Overpopulation Ideology
Sonali Kolhatkar
For America’s Wealthiest, the Pandemic is a Time to Profit
Prabir Purkayastha
U.S. Declares a Vaccine War on the World
David Rosen
Coronavirus and the Telecom Crisis
Paul Buhle
Why Does W.E.B. Du Bois Matter Today?
Mike Bader
The Only Way to Save Grizzlies: Connect Their Habitats
Dave Lindorff
Pandemic Crisis and Recession Can Spark a Fight for Real Change in the US
FacebookTwitterRedditEmail