It Scares Me When I Agree With The American Civil Liberties Union (ACLU)

This is a map from the ACLU:

The map describes the shaded area as the Constitution-Free Zone in the United States. So what is this about?

The ACLU Website posted a fact sheet on these zones which states:

  • Normally under the Fourth Amendment of the U.S. Constitution, the American people are not generally subject to random and arbitrary stops and searches. 
  • The border, however, has always been an exception.  There, the longstanding view is that the normal rules do not apply.  For example the authorities do not need a warrant or probable cause to conduct a “routine search.” 
  • But what is “the border”?  According to the government, it  is a 100-mile wide strip that wraps around the “external boundary” of the United States. 
  • As a result of this claimed authority, individuals who are far away from the border, American citizens traveling from one place in America to another, are being stopped and harassed in ways that our Constitution does not permit.
  • Border Patrol has been setting up checkpoints inland — on highways in states such as California, Texas and Arizona, and at ferry terminals in Washington State. Typically, the agents ask drivers and passengers about their citizenship.  Unfortunately, our courts so far have permitted these kinds of checkpoints – legally speaking, they are “administrative” stops that are permitted only for the specific purpose of protecting the nation’s borders.  They cannot become general drug-search or other law enforcement efforts. 
  • However, these stops by Border Patrol agents are not remaining confined to that border security purpose.  On the roads of California and elsewhere in the nation – places far removed from the actual border – agents are stopping, interrogating, and searching Americans on an everyday basis with absolutely no suspicion of wrongdoing.
  • The bottom line is that the extraordinary authorities that the government possesses at the border are spilling into regular American streets.

This is disturbing.

The article also states:

This trend is also typical of the Bush Administration’s dragnet approach to law enforcement and national security.  Instead of intelligent, competent, targeted efforts to stop terrorism, illegal immigration, and other crimes, what we have been seeing in area after area is an approach that turns us all into suspects. This approach seeks to sift through the entire U.S. population in the hopes of encountering the rare individual whom the authorities have a legitimate interest in.

The article concludes:

If the current generation of Americans does not challenge this creeping (and sometimes galloping) expansion of federal powers over the individual through the rationale of “border protection,” we are not doing our part to keep alive the rights and freedoms that we inherited, and will soon find that we have lost some or all of their right to go about their business, and travel around inside their own country, without interference from the authorities.

Notice that the date on this is 2008. As far as I know, the Obama Administration has continued the policies of the Bush Administration in this area and added other forms of surveillance as well. Where is the update on this concern?

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