A Washington Post headline last week read: “Obama Administration asks Supreme Court to allow warrantless cellphone searches.”
President Obama is asking the Supreme Court to grant him approval to search the cell phone calls of all Americans without a court approved search warrant. If the Supreme Court agrees with the president, this would be an unprecedented and un-Constitutional power grab.
President Obama took the oath of office to protect and defend the Constitution. So, why is he asking the Supreme Court to give him their approval to violate the Fourth Amendment. This power grab by the president, if approved by the Supreme Court, would just be the latest in a long series of un-Constitutional moves he has imposed on the American people.
The Fourth Amendment is clear on how the American peoples’ privacy is to be protected from unlawful government intrusion. The Fourth Amendment states:
“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.”
The only way the president can get legal Constitutional authority to search the cell phone records or listen in on cell phone calls of the American people, is to follow the Fourth Amendment. He must get a court approved search warrant, based on oath or affirmation of probable cause evidence.
It cannot be a blanket search warrant because the Fourth Amendment also states “and particularly describing the place to be search, and the persons or things to be seized.”
He cannot use warrantless searches, and the Supreme Court cannot say he can. To do so, the court would violate the Fourth Amendment creating a constitutional crisis of lawlessness.
If the president feels he needs this unprecedented power to spy on the American people to keep us safe from terrorists, he must get a Constitutional amendment approved, to change the Fourth Amendment, to do what he wants to do, to the American people.
Doing anything else is illegal and thus un-Constitutional!