Blogs » A Constitutionalist & Believer in Natural Law » Do We Need To Fear The Government?


In a five-four ruling this week, the Supreme Court decided that anyone can be strip-searched upon arrest for any offense, however minor, at any time.

What happened to the rights of the individual? Are we living in a Post Constitutional America?

This evil ruling joins two other recent horror show laws: 1. “The National Defense Authorization Act (NDAA) for Fiscal Year 2012” which gives the President major powers to detain anyone (in Title X, Subtitle D, entitled "Counter-Terrorism." sub-sections 1021 and 1022, allows detention of persons the government suspects of involvement in terrorism) allows anyone to be arrested without due process, and 2. HR 347 (also known as the Federal Restricted Buildings and Grounds Improvement Act of 2011) the "trespass bill", which gives you a 10-year sentence for protesting anywhere near someone with secret service protection. What happened is a soft destruction of the part of the Bill of Rights: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Justice Anthony Kennedy explained that this ruling is necessary because the 9/11 bomber could have been stopped for speeding. How would strip searching him have prevented the attack? Would the discovery of box cutters caused him to be arrested? Sounds like the court is saying that a speeding citizen can be stopped and stripped searched. And can citizens now be arrested if they are stopped and they have a box cutter on them? In still more bizarre non-logic, his and the other Justices' decision rest on concerns about weapons and contraband in prison systems. But people under arrest – that is, who are not yet convicted – haven't been introduced into a prison population.

Is over criminalization of citizens occurring and do citizens have no recourse from the government that intrudes on citizens sexually? In Britain the genital groping that is obligatory by the TSA in the US is illegal.

Where are we headed? Do we now need to fear our government?