Congress Passes Legislation Ignoring Fourth Amendment Protections

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.

Elder Patriot – Recent revelations of at least 30,000 violations of Section 702 of FISA that resulted in the F.B.I. and NSA spying on Americans without warrants as well as the NSA’s metadata collection that James Clapper lied about to Congress has seriously infringed on our Constitutional protections.

Now proof comes that despite their dog and pony stagecraft Congress has no intention of ending its assault on our rights to privacy anytime soon.

At the end of August Congress passed House Joint Resolution 76 authorizing the Metrorail Safety Commission Interstate Compact giving “the Commonwealth of Virginia, the State of Maryland, and the District of Columbia to enter into a compact for the safety oversight of the Washington Metropolitan Area Transit Authority Metrorail system.” 

The bill’s obtuse wording opens the door to further Fourth Amendment intrusions.  Article IV of the bill defines the powers granted to “the Commission, through its Board or designated employees or agents” the right to:

“(b) Enter upon the WMATA Rail System and, upon reasonable notice and a finding by the chief executive officer that a need exists, upon any lands, waters, and premises adjacent to the WMATA Rail System, including, without limitation, property owned or occupied by the federal government, for the purpose of making inspections, investigations, examinations, and testing as the Commission may deem necessary to carry out the purposes of this MSC Compact, and such entry shall not be deemed a trespass. 

Rather than narrowly defining the conditions authorizing warrantless searches of adjacent properties the bill is sufficiently vague so as to guarantee court challenges.   This will provide liberal judges with the opportunity to attach a much broader interpretation of the Fourth Amendment in their decisions that can then be applied as precedents in interpreting future laws.

For proof all we have to do is review the 30+ thousand gun laws that the courts have found legal despite the narrowly defined wording of the Second Amendment.

Amendment II

A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Further proof of liberal judges penchant for expanding the government’s rights over those of the states and the people is provided by even a precursory examination of the Tenth Amendment:

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

Now even control over our healthcare is being dictated to us by an out of control federal government.

If you want a vision of the future, imagine a boot stamping on a human face – forever. – George Orwell