Fourth Amendment The Fourth Amendment, which guarantees the right to be left alone, was written largely in response to legislation Parliament enacted in the colonial era that permitted British soldiers to write their own search warrants and then use those warrants as a legal basis to enter private homes. The ostensible purpose of doing that was to search through the colonists' papers looking for stamps, which the Stamp Act required the colonists to affix to all documents in their possession. The laws that permitted the soldier-written search warrants and the Stamp Act were the British government's fatal political mistakes, which arguably caused a major shift in colonial opinion toward secession from Britain 10 years before the bloody part of the Revolution began.
Speaker, most Americans may not be aware of what is taking place by our government. Our government is spying on Americans and I think it is in violation of the U. In all of the talk that we have been having the last few weeks, we are missing one of the most basic issues that we hold dear: Let me explain how it is taking place.
Go back to Snowden. I am no fan of his. I think he ought to be prosecuted, but we know information about our government spying on our Americans because of his disclosures.
Let me talk about specifically the Foreign Intelligence Surveillance Act. FISA allows our government to spy on foreign agents, which includes terrorists, primarily overseas. So what happens is the government goes to a FISA court.
It is a secret court that operates in secret that issues secret warrants. I personally have an issue with that because it reminds me too much of the Star Chamber in England where they operated in secret and tried people in secret.
As a former judge, I am very concerned about the loss of our Fourth Amendment right of privacy in the United States based on this law.
Foreign Intelligence Surveillance Act courts operate in secret and issue warrants to go after bad guys overseas. So they seize that information and they put it in a database. Here is what happens: Incidental is what they call that.
That may be a communication with an American that has nothing to do with terrorism. It could be something else. The information is put in the database. They call it a query. That is another fancy name for a search. Then they go to their administrative folks and get a piece of paper that allows them then a second search.
They search that database to see if Bobby Oglethorpe is committing crimes in the U.
The Judiciary Committee has asked the Justice Department: How many times have you done that? They refuse to tell us. I will tell you how many times it is.in writing the Fourth Amendment.6 In the colonies, smuggling rather than seditious libel afforded the leading examples of the necessity for protection against unrea-.
Government Espionage and the 4th Amendment. Government Espionage and the 4th AmendmentThere has recently been a lot of discussion on the limits of privacy and the extent of This is an essay that describes how the 4th ammendamant effects law enforcement in America. This was used in Criminal Justice This is an essay about the Searches and Seizures in the Constitution.
involved pamphleteers who were critics of the government. Both were arrested and all their books and papers seized (and. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.
Amendment IV. We will write a custom essay sample on Espionage Act and the First Amendment specifically for you for only $ $/page.
Subsequently, in , after approximately two thousand people were prosecuted#, according to Mickey Z., under the Espionage Act of , the Wilson Administration passed the Sedition Act of , also known as the Sedition Amendment to the Espionage Act.