The Constitution Repealed in Ten States

Your constitutional rights have been repealed in ten states. No, this isn't a joke. It is not exaggeration or hyperbole. If you are in ten states in the United States, your some of your rights guaranteed by the Bill of Rights have been made null and void.

And it is not just those ten states. Those are just the states where everyone who lives in those states has lost some of their constitutional rights. The sad truth is that there are only fourteen states where this stripping of the rights of American citizens has not happened.

What is going on?

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The government has declared a one hundred mile zone around the United States borders to be a part of the border zone exception from the Fourth Amendment's freedom from unreasonable searches and seizures.

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.

Historically there has always been an exemption from the Fourth Amendment requirement at the nation's borders. Now the Department of Homeland Security is claiming the right to search electronic devices such as cell phones, laptops and tablet computers without a warrant or even any probable cause within that 100-mile zone.

If you live in Hawaii, or Maine, New Hampshire, Massachusetts, Delaware, Rhode Island, Connecticut, Florida, Michigan or New Jersey, congratulations. It does not matter where you go in your state, the Department of Homeland Security can come in and demand to search your electronic devices. They do not need any cause.

Those states listed are only the ones are totally covered by these "border security" search zones. Other states like New York, Pennsylvania and Virginia have massive parts of their state that are covered by this too.

Who is responsible for this outrage?

The Obama Regime is responsible of course, because Obama is currently in power. Unfortunately this outrage started when George W. Bush was still in the White House.

The language of the Fourth Amendment is clear. It is the right of the people to be secure in their persons, houses, papers and effects from unreasonable searches and seizures.

The government still has the right to search a laptop or a cell phone if the agents have probable cause and get a warrant or if they have probable cause and there are exigent circumstances.

Electronic devices are the 21st century equivalent of papers and are certainly our effects.

If the Department of Homeland Security can search someone's cell phone or laptop without a warrant or even probable cause because you are within 100 miles of the border, what is next? Will the government start saying that if you live within 100 miles of the border, the Department of Homeland Security because of the border search exception to the Fourth Amendment now has the right to search cars and homes without either a warrant or even probable cause?

This is insanity and it must stop.

Where is the Tea Party Caucus in the House of Representatives? Why aren't they screaming about this desecration of the Constitution? Republicans should be the first to the floor of the House and Senate denouncing this and introducing legislation to rein in the Department of Homeland Security.

Will this happen anytime soon? Don't hold your breath.

Judson Phillips is an attorney and the founder of Tea Party Nation. He lives in Virginia with his wife and family. You can follow Judson on Twitter at @JudsonPhillips

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