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Why Conservatives Need to Focus on the 4th Amendment

The Fourth Amendment


The Fourth Amendment is getting attention that it's not gotten before, and by popular will, it will be defined in how it is interpreted and implemented. Unless conservatives participate and act to define it, it will be defined by liberals and/or libertarians.

From NSA spying to publicized abuses by armed federal agents and even some local police, people are afraid and are speaking out.  That's good.  The debate is leading to federal legislation and even constitutional amendments in states to rein in lawless government investigations.

The Fourth Amendment is one of the most important arrows in the quiver against bullying big government.  It was created in response to attacks on business, religious freedom, and critics of government.  It is quintessential American law over government.

Conservatives have a window to influence how the Fourth Amendment will be defined in ways that protect freedoms, yet maintain security, just as the Founders envisioned the purposes of government.

Liberals and libertarians are focusing on "privacy," which is fine, but privacy does not comprehend the full purposes of the Fourth Amendment.  For example, they are ignoring administrative subpoenas (judge-less warrants issued by bureaucrats without probable cause), which have been the single biggest threat of big government bullying in the context of lawless investigations.  Investigations force businesses and people to concede to lawless big-government interpretations by bureaucrats because the costs of litigation and perceived negative publicity discourage fighting them on principle.

Administrative subpoenas were created by the FDR regime and upheld by FDR judges in order to keep government’s thumb on free commerce. They violate the fundamental legal guarantee that only judges may issue warrants. The Founders experienced these judge-less warrants against merchants, critics of government, and proponents of religious liberty, and crafted the Fourth Amendment as a check on totalitarianism.

Especially with today’s attacks on religious freedom, but with all the attacks on free speech and free markets, unless we get rid of judge-less administrative subpoenas, the reforms over collecting phone records and computer data will have little effect on preventing the continued transformation of America into a more socialist, God-less country.

The Fourth Amendment may be defined from a conservative, originalist perspective, but only if people understand why we have this quintessentially American Bill of Right.  Conservatives would do well to study and understand these principles so we can influence the current debate that will define the Fourth Amendment.

The 21st Century Fourth Amendment introduced in the Virginia legislature by Delegate Rich Anderson and Senator Richard Stuart reflects those bedrock principles.  The News Room at has articles explaining the Fourth Amendment from an originalist perspective, and they are worth studying.

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Unified Common Law Grand Jury Movement

See:, a 50 state movement to take control of our Constitutional Grand Jury system at the County Sheriff level.
It is illegally in control by the law BAR, the lawyers, and will be taken back by the people!
The Grand Jury is the fourth branch of government reporting to and run by the people!


Yes, we do ...

Which means we need to abolish comprehensive TSA groping and scanning every time one wants to fly on a commercial airline.

Talk about a violation of 4th amendment against unlawful search and seizure!

What proof does the U.S. Government have that everyone who walks into an airport is guilty until proven innocent?

Just because we want to fly somewhere, we and our belongings must be searched and groped?

Get back to me when you take up demanding that the TSA use PROFILING to search and scan ONLY travelers whom the U.S. government has LEGITIMATE reasons to suspect trouble.

Not every single flyer.