The text of the Fourth Amendment 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.” Ali Velshi explains the Fourth Amendment stems from one of our nation’s oldest and most fundamental principles.
The violations of person and property perpetrated against the colonists by the British sparked the Revolutionary War. They are why we have the Third and Fourth Amendments. In their September 8 decision in the case Noem v. Vasquez Perdomo, the U.S. Supreme Court undermined those constitutional principles.
The case focused on racial profiling during ICE raids in Los Angeles, which the petitioner challenged violated the Fourth Amendment’s core protection against unreasonable searches and seizures. Using the shadow docket — without hearings or explanation — the Court overturned a lower court’s stay, effectively declaring that what are supposed to be constitutional rights are privileges that can be stripped based on what you look like.
Reading Justice Kavanaugh’s reasoning for the majority decision, Velshi points out, “Rights are not conditional favors granted after innocence is proven. They are the shield against arbitrary suspicion in the first place.”
Under the Fourth Amendment, the government cannot treat people as suspects or enemies without cause. However, this decision grants the government the power to do just that.
LISTEN: VELSHI ON THE SUPREME COURT NEGATING THE FOURTH AMENDMENT
WATCH: THE SUPREME COURT GREEN-LIGHTS RACIAL PROFILING
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