So much for security in one’s papers and effects. At this point, the federal courts aren’t even really trying to pretend the Constitution is still in effect:
A federal court today dismissed a lawsuit arguing that the government should not be able to search and copy people’s laptops, cell phones, and other devices at border checkpoints without reasonable suspicion…. In June, in response to an ACLU Freedom of Information Act request, DHS released its
December 2011 Civil Rights/Civil Liberties Impact Assessment of its
electronics search policy, concluding that suspicionless searches do not
violate the First or Fourth Amendments. The report said that a
reasonable suspicion standard is inadvisable because it could lead to
litigation and the forced divulgence of national security information,
and would prevent border officers from acting on inchoate “hunches,” a
method that it says has sometimes proved fruitful.
The absurd thing is that the reasoning that justifies the open abandonment of the Constitutional limitations on the federal government could be used to justify literally anything. Sure, a hunch could lead to stopping a terrorist attack, of course, it could just as credibly lead to stopping a demonic invasion by transdimensional god-aliens.
And yet, it strikes me that there is no “terrorist attack” or “demonic invasion by transdimensional god-alien” clause anywhere in the Constitution. It must be in one of those emanations or penumbras. This is why you can’t ever allow for “reasonable exceptions” in any organization. It never takes long for the reasonable exceptions to become unreasonable ones.
The rule of the game is now pretty simple. The federal government rules by a combination of force and fraud. They’re unwilling to openly throw out the Constitution, but the fig leaves they are using these days to cover their actions are growing increasingly small.