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.
http://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United_States_Constitution
NSA & Writs of Assistance
James Otis (1725-1783)
President Obama is supposed to be a Constitutional Lawyer. It is sad
he clearly has no respect for the Constitution whatsoever. John Adams, Second President, listened to the 4 hour speech of the defense lawyer James Otis (1725-1783) who argued against the king’s Writs of Assistance in February 1761 that allowed the government to arbitrarily search whatever they suspected for any reason.
History repeats for there are few people in Washington today that even understand what is at stake with the actions of the NSA and how they are so devastating to the economy and free markets as they scare the hell out of capital globally. Even a marriage will not last if either party also distrusts the other.
This is what the NSA has done. It has shown that it trusts no one. It is now not just seizing every phone call globally it can get its hands on, it has now been revealed it is storing the location of every cell phone when used.
The NSA trusts no one. Like a marriage based on mistrust, they are changing the behavior patterns of the entire world.
Many countries are taking steps to place all servers for the internet in their own country and cutting off access to information.
The NSA even grabs all flows through the Swift system following every piece of money that flows around the world. None of this excessive surveillance has proven to stop any terrorist plot and when you seize so much, it is impossible to sift through that much data on any timely basis.
Proof of that was the Boston Bombing where these two kids were using their cell phones.
Here are a few excerpts from that famous speech of James Otis that so moved John Adams and inspired the birth of the American Revolution.
I will to my dying day oppose, with
all the powers and faculties God has given me, all such instruments of
slavery on the one hand and villainy on the other as this Writ of
Assistance is. It appears to me the worst instrument of arbitrary power,
the most destructive of English liberty and the fundamental principles
of law, that ever was found in an English law-book…
The writ prayed for in this petition,
being general, is illegal. It is a power that places the liberty of
every man in the hands of every petty officer. I say I admit that
special Writs of Assistance, to search special places, may be granted to
certain persons on oath. But I deny that the writ now prayed for can be
granted…
In the first place, the writ is
universal, being directed “to all and singular justices, sheriffs,
constables, and all other officers and subjects”; so that, in short, it
is directed to every subject in the King’s dominions. Everyone with this
writ may be a tyrant; if this commission be legal, a tyrant in a legal
manner, also, may control, imprison, or murder any one within the realm.
In the next place, it is perpetual; there is no return. A man is
accountable to no person for his doings. Every man may reign secure in
his petty tyranny, and spread terror and desolation around him, until
the trump of the Archangel shall excite different emotions in his soul.
In the third place, a person with this writ, in the daytime, may enter
all houses, shops, etc., at will, and command all to assist him.
Fourthly, by this writ not only deputies, etc., but even their menial
servants, are allowed to lord it over us…
One of the most essential branches of
English liberty is the freedom of one’s house. A man’s house is his
castle; and whilst he is quiet, he is as well guarded as a prince in his
castle. This writ, if it should be declared legal, would totally
annihilate this privilege. Custom-house officers may enter our houses
when they please; we are commanded to permit their entry. Their menial
servants may enter, may break locks, bars, and everything in their way;
and whether they break through malice or revenge, no man, no court can
inquire. Bare suspicion without oath is sufficient.
http://armstrongeconomics.com/2013/12/08/nsa-writs-of-assistance/
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