Go Fourth

"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. "

What is the Fourth Amendment of the Constitution of the United States Of America all about? Why did our founding fathers include this bit in the Bill of Rights? To protect innocent people from police intrusion? I don't think so. Innocent people have nothing to hide. And many innocent people would gladly invite the police in for a look around if it meant the cops would be able to go kick in the neighbors door. Especially in crime ridden, drug infested neighborhoods.

The Fourth Amendment is there to protect the guilty! To protect those who are guilty of evading unjust taxes. To protect those guilty of believing the government has no business interfering with the personal lives of the people.

To understand this we have to back up to the time of the American Revolution. The British crown considered the colonies to be wholly owned subsidies and a convenient source of income. They placed heavy taxes on the colonist, mostly in the form of tariffs. Now most people willingly pay their taxes because they understand the importance of doing so. (Roads, police protection etc.) Besides no one wants to go to jail for a few shekels. But when taxes get to be excessive many people try to avoid them. In the new world tax evasion and smuggling became quite common.

So common that in order to control the situation the King granted his governors the right of unlimited search and seizure. Kick the door in, take whatever you want, fill out the warrant later. After fighting a war to end such tyranny the founding fathers wanted to prevent its recurrence. Hence the Fourth Amendment.

But the Fourth has far reaching implications beyond the collection of taxes. It prevents undue government interference in our lives. Without the fourth amendment not only would there by a tax on baths, the eating of crackers in bed would be a crime. Ridiculous laws would be enforceable and congress would enact ridiculous laws.

OWL
March 17, 2007