So, we all know that after the fateful events that transpired on September 11, 2001, the then President at the time, George W. Bush, in response to rapidly growing fear of terrorism within our own borders, created, and passed-almost unanimously, a set of laws and positions/agencies that some call "The Right Killers of America". These things include the Patriot Act, through congress, and the Iraq War through Executive Order. However, the focus of this discussion will specifically be on the-up until the point of 9/11-non existent, Department of Homeland Security and their authority over the U.S Border Patrol.
Now, these borders, are both interstate, and between countries (obviously).
They often consist of questions that are no more than; "are you a U.S citizen?" Or; "do you have anything to declare?" As well as; "are your illegally transporting illegal immigrants?" and can sometimes result in detainment, other questioning, or search of your vehicle.
Now, some argue that these questions, and these borders (at least in between states), are unconstitutional as defined by the Fourth Amendment to the Bill of Rights that reads:
"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."
-U.S Constitution AMENDMENT IV
This has been summed up to mean the following;
"The Fourth Amendment originally enforced the notion that 'each man’s home is his castle', secure from unreasonable searches and seizures of property by the government. It protects against arbitrary arrests, and is the basis of the law regarding search warrants, stop-and-frisk, safety inspections, wiretaps, and other forms of surveillance, as well as being central to many other criminal law topics and to privacy law."
-http://www.law.cornell.edu/constitution/fourth_amendment
Now, some people have been taking this into actual practice, vehemently denying questioning and search by the Border Agents and challenging them at the border check points.
As seen here;
https://www.youtube.com/watch?v=6_3dDNPwJTU
So the question becomes; does the U.S Department of Homeland Security and the Border Patrol, have the right to ask these questions and conduct these searches? Or is it unconstitutional and wrong?
You have the floor, NS, let's hear what you have to say...
