Some points on the Fourth Amendment
Steve Lockhart’s suggestion that America’s Founders were solely concerned with Writs of Assistance when formulating the Fourth Amendment was wishful and ahistorical.
As intelligent people, they knew “[t]he right of the people to be secure in their persons, houses, papers, and effects...” would forever extend beyond the dictates of the British monarchy.
Moreover, the Bill of Rights was written (after) the British were defeated. So, although Britain’s Writs of Assistance served as the impetus for the Fourth Amendment, that amendment was created with American law enforcement in mind, not British.
Lockhart: “We’ll never know how they would’ve felt about DUI checkpoints...” Nonsense.
It would be wholly illogical to think the Founders would’ve prohibited government officials from performing unreasonable searches and seizures at one’s home but permitted unjustified searches and seizures concerning one’s vehicle.
Lockhart: “What’s frightening is that someone would write a letter to assist people with avoiding detection at DUI checkpoints...”
I didn’t do that. Lockhart: “[Y]ou state that both the Ca. Supreme Court and the US Supreme Court ‘are mistaken.’”
DUI checkpoints are constitutional like the Dred Scott decision was constitutional. But, if the Supreme Court says it’s so and the executive branch enforces it, it’s effectively constitutional.
But it isn’t constitutional to search random people and their property without warrants, without the slightest evidence that they’ve committed a crime, and in fact, when cops know that 99% of them haven’t committed a crime.
So the Fourth Amendment is unambiguous, and although certain courts say DUI roadblocks are constitutional, they’re not, and their decisions should be overturned.
Lockhart: “As a strict constitutionalist, can I assume you’re against the assault weapon, large-capacity magazine ban...?”
I’m not a strict constitutionalist. But, yes, I oppose California’s tactical weapon, large-capacity magazine ban, and virtually all other gun control measures, including background checks.
Guy Marsh
Lancaster