GUEST COMMENTARY BY MITCHELL JON MACKAY
Officially, the 4th is still a Constitutional Amendment. But, as with the rest of the Bill of Rights is ineffectual, hence moribund.
The US Supreme Court just sounded the death knell without the pronouncement of death.
There were three dissuading offsets to the five-to-three decision, all females, but majority opinion takes all.
Search and seizure, as the 4th is commonly inferred, states quite pointedly that “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.”
It couldn’t be much clearer than that.
But the court just gave police the green light to do whatever they feel like doing.
That means if they don’t like you, your vehicle, your standard of dress, your hair, your skin color, or if they’ve had a bad day, they can strip search you, dismantle your vehicle, arrest you, take your vehicle to their compound for forfeiture, search your home thereafter and take what they want while gaining possession of it even if nothing illegal is found but only suspected, courts will authorize legality of all this, and you must hire a lawyer to recoup your losses to police.
Many never do.
This Amendment has clearly been violated.
These are not unique occurrences.
Each week there are stories in multiple of this happening. And the US Supreme Court just ruled in favor of this.
Trying to avoid police state tactics is futile for this is exactly what has just become the anti-law of the land via the high court. That it is in direct violation of the 4thAmendment rendering it useless seems to not occur to those persons as being oxymoronic and Catch-22 oriented.
If those gentlemen say it’s alright whereas the Constitution says it’s all wrong, the Constitution is thereby negated.
If one Amendment is flounced the rest don’t have a chance. But the official denunciation is yet to be announced.
This has been parsed before, the actual declaration of constitutional ineffectiveness, but the facts add up to contradiction and nullification of the Bill of Rights.
There is no more Bill of Rights in actual function.
How much longer the pretense will continue remains unknown because no one talks about it.
It’s easy to find discrepancies throughout the Constitution and Amendments; acts that are written, ratified and taken for granted are violated every day in homes, in vehicles, in public, in court, in jail and in prison.
The examples are legion.
So why doesn’t somebody do something about this obvious violation of constitutional protections?
Because semantically the rules have been tweaked to accept the ifs, ands and buts of interpretation to favor the police that are the most immediate long arm of the law that collects fees, fines and taxes from the public for sake of running their agencies.
It basically comes down to money.
It may sound like cliché but examination will disclose that this is all too true.
You don’t get out of a traffic stop without owing something; that’s what it’s all about: money.
And if you’re black, hippie, Hispanic, Middle Eastern, or otherwise suspicious to the senses of police, your whole day can be ruined even if you’re entirely devoid of statutory infractions.
This is now officially legal even though Amendment #4 says otherwise.
Okay, what to do?
Move to Canada?
Move to Scandinavia?
Well, that’s not so easily done for most of us.
And we don’t know other than hearsay what it’s really like anywhere else.
The long arm of capitalism and court might influence other governments to take heed when dealing with American immigrants.
And money of course is needed to make such changes, money that was once available in home equity but is now quite often a dead letter even though cops and courts still seem eager to possess properties.
Maybe they know a good “fence.”
In actual fact the responsibility does lie with the government but without leadership nothing can happen.
This is the main failure of Barack Obama, spineless ineffectiveness, an Uncle Tom approach.
The renegade legislature has already violated the Constitution in blocking nomination of a ninth member of the court and we see no impetus on the part of Obama to override that.
The real power lies in untaxable banking money which hardly cares about constitutional rights.
All else along the hierarchical pyramid just want a piece of the action anyway.
It’s a tenuous exploitative existence for the rest of us trying to walk amidst this shooting gallery without getting hit by opposing sides in crossfire.
We can still navigate the system but a lawyer is usually mandatory.
You can forget about Amendment VIII too.
Go ahead, read it and scoff.
This must be a concerted effort because there is no way proponents of stripping the Constitution of its powers could not understand the ramifications. It is only that it is anathema to divulge this intention publicly that prevents any from doing so.
That would be a monumental devolution for this country to actually declare the US Constitution defunct.
The 18th Amendment was repealed by the 21st so there is some precedent.
The 21st is rather curt and dismissive despite its potent bacchanalian implications but the 4th Amendment dissolution might just promote some expeditious follow-up to that premise of urgency.
Dissolving the entire Constitution would not be so easy though.
Clever wording would be necessary, some “reform” policy implemented, transitional interim nuances and the like.
They could not declare the original articles inoperative without a replacement strategy.
Since, however, many of the Amendments are already superseded and a foregone conclusion is actively supported via the court, clever wording might suffice.
Still, it would be of some moment not unlike the Brexit issue currently, apparently a 51.9 exit over 48.1 stay.
That could seem to have some influence on the US perception of politics because there is much discontent here about elitist government, Democracy itself being seen as fine print holding the masses in check through red tape bureaucracy.
In any case, the 4th Amendment is dead, the European Union lacks Britain, anything can happen.
Even Donald Trump who might have the audacity to declare the Constitution dead in its entirety; Bernie Sanders in Socialist matrix might proffer some similar urging, but the presumed Hillary Clinton victory defies disclosure as to her strategy—if she has any.
Our disintegrated constitution if actually declared defunct would be seen as similar to the Chinese Revolution in which Hell Broke Luce as portrayed by Tom Waits in video. (“Hell Broke Luce” is the title of a song)
Britain’s departure will have some effect on the USA certainly so standards may change remarkably fast.
It does not bode well despite the sense of readjustment or relief some may feel at toppling entrenched government policies.
Politics as usual has acquired such a bad name that anything else can appear positive.
The people of Britain have spoken and possibly it will be the people of the USA to declare final what is already obvious.
Like Michigan’s Sunday blue law alcohol ban repeal, what is accepted as common knowledge and practice will eventually be official policy – at nominal cost to retailers who must as do we all pay more for privileges that were formerly rights curtailed.
As Amendments IX and X state, Rights retained by the people – which is what government was supposed to be all about anyway – have a tough row to hoe.
These are not coincidental incidents or issues; this is a plan of attack.
The US Constitution , or lack thereof, lies in the balance.