General Discussion
In reply to the discussion: Can someone confirm for me that the 4th Amendment even applies? [View all]catnhatnh
(8,976 posts)and let's compare that to interpretations of the second amendment. We see a scale of arguments there that run from you may only have muskets to we all deserve nukes. But courts generally recognize the basic intent of citizens rights to small arms and expand the reach of the amendment and strengthen it's guarantees. With this in mind I feel the original intent of the 4th is much more clear-lacking warrants privacy is inviolate and stems from the earlier English common law castle doctrine as it related to privacy rights within your walls. Technological advances may make such programs as prism both possible and attractive but can never confer legality to them. Also such programs have a dimming effect on free association. It's all illegal as hell-the government may not gather information without warrants based on just cause and hope to use them at a later date when cause can be established.
This is just off the top of my head- give me a week or two and I may have a coherent argument...