Archive for Fourth Amendment

The Choice of Brett Kavanaugh For Supreme Court Justice

Posted in Carpenter vs the United States, Clayman v Obama, Declaration of Independence, Inalienable Rights, Justice Brett Kavanuagh, President Trump, Right to Privacy, U.S. Court of Appeals for the Ditrict of Columbia Circuit, United States Supreme Court with tags , , , , , , , , , , on July 15, 2018 by authorcarloscardoso

Brett Kavanaugh

The most critical choice being considered now is the appointment of Brett Kavanaugh to the Supreme Court of the United States. The media is spinning this as a right vs left, Democrat vs Republican, Trump supporter or anti-Trump vote. Nothing could be further from the truth. This is about putting a justice on the court who will interpret constitutional issues on the text within the context of intent, by the founding fathers.
Justice Kavanaugh is not a proponent of individual expectation to privacy. He interprets the constitution as written without regard for intent. This narrow view makes the Bill of Rights a restriction on our individual liberties not a minimum guarantee as intended. This is exactly why some of the Founders felt the Bill of Rights was not only unnecessary but dangerous as it could be used to constrain our rights to only these and the narrow definitions contained within.
Some of the founding fathers were insistent that the Bill of Rights was essential because they felt that these minimum guarantees were necessary to protect liberty. Yet now the text is used to limit what those liberties were defined as, not how it was intended. The Founders never would have expected that our reasonable right to privacy would be relinquished when travelling by normal conveyance for personal or business needs yet what rights do we relinquish through force of law when flying on an airplane?
This is a common mode of transportation yet we have given up our rights to privacy in our things and our person for the “convenience” of flying. Now we see the same things with our cell phone records including our calls and our location tracking data held for 5 years by the carrier. This information is given to 3rd parties, the cell phone tower owners to collect. The argument then is that we have voluntarily relinquished the information, it is their property a key distinction, so our expectation of privacy to be tracked is lost.
Justice Kavanaugh has written that the collection of our phone records can be used by the government in the name of national security. He doesn’t view privacy and its importance in the context of not only the Fourth Amendment, he ignores the Ninth and the Tenth. Our right to privacy is inalienable and absolute. The power to surveil our every word even in the supposed sanctity of our homes and means of conveyance, such as our cars is the epitome of tyranny and a means of control.
Our inalienable rights are not defined or confined to the words written in the individual amendments to the constitution. Nor are they defined through the rulings of the Supreme Court. The Supreme Court is a separate but equal branch of government and no more. The Constitution was written to ensure that the federal government was contained to its enumerated powers and no more. The Supreme Court through the power of judicial review has allowed the government to amass powers never intended and this has gone on for centuries.
Now technology will be introduced where everything in your home will be voice activated and listening all the time. Now the government can listen and watch us in the very sanctity of our homes. This is not liberty as the Founders intended to leave their posterity after fighting for their inalienable rights. Technology’s reach is expanding and it is being used against us by the globalists behind the deep state. We must realize that all powers not given to the federal government were retained by the States and the individual. The constitution through judicial review has weakened the binds of the constitution meant to constrain the federal government. States’ rights and individual rights are being trampled and this must end now.
Justice Kavanaugh on the grounds of constitutional interpretation has a record of being weak on protecting our individual rights to privacy. This is an issue of great importance now and even more in the not so distant future. We need a Supreme Court who will look at the constitution and especially our rights through the perspective of intent and context not strict interpretation of one part of the text. This narrow focus misses the point and endangers us all to tyranny and that was never the intent of the founders. We would do well to demand that our liberties be defended not undermined. In the case of our right to privacy. Brett Kavanaugh doesn’t seem to be in the best interests of the American people. I urge the Senate to quickly reject Brett Kavanaugh’s nomination and find a more suitable candidate.

The Supreme Court Decision on Cell Phone Tracking

Posted in Carpenter vs the United States, FISA courts, Inalienable Rights, Liberty, Right to Privacy, United States Supreme Court with tags , , , , , on June 30, 2018 by authorcarloscardoso

cell phone tower

The recent decision in Carpenter vs the United States by a 5-4 margin was a slim victory for privacy and liberty and by more than just the vote. The majority opinion written by Chief Justice Roberts was grounded in common sense but very limited in scope. He wrote that cell phones were virtually an indispensable way of life and some people are required by their occupation to carry them 24/7 and he’s right. He also noted that 5 years of historical data held by a third party couldn’t be gathered without a warrant because it had to meet the expectation of probable cause needed to search a person’s movement over that length of time without infringing on our reasonable expectation to privacy.
There were three dissenting opinions written in response with Justice Gorsuch writing his own opinion alone without concurrence. This is even more interesting in that Gorsuch wrote that had Carpenter argued that the cell-site location information records were his property he would have concurred with the majority. This simple distinction was pivotal in the decision-making process of all nine Supreme Court Justices. The key word here was property in the dissents written by Justice Kennedy with Justices Thomas and Alito as well as the other written by Justice Alito with Justice Thomas all hinged on the concept of ownership of the cell-site location information the expectation to privacy in the dissenting opinions were lost due to the issue that ownership of those records were held by the carriers of which AT&T was the largest.
Americans have by the nature of the internet and wi-fi essentially given away our reasonable right to privacy in order to avail ourselves of the convenience these innovations have brought to the world. This is something that we as consumers must rally around. We must demand that any information shared with a provider of any service such as these we consent only to being used to our benefit if we choose but any tracking of our movements is an infringement on our right to privacy and our thoughts and conversations are by right intellectual property and should be protected as such.
Therefore, we as Americans must demand that our use of modern conveniences and as stated before in some cases not always by choice cannot and will not be used to track anyone without their consent or without a warrant in a court of law where both sides have an advocate. This would nullify the FISA courts which are unconstitutional since it is ex parte, there is a prosecutor without a defense lawyer or even an impartial advocate. It is a one-sided presentation which has been shown can be manipulated through the willful avoiding of disculpatory evidence by the prosecutor.
The American people must insist that this tracking of our movements is by its very nature our individual property. Law enforcement agencies do not have the right to track any citizen for any reason without a warrant which was the focus of this case. Therefore this decision pointed out a fatal flaw for anyone with a cell phone, the wireless and wi-fi providers track our every movement with a date and time stamp and save it for 5 years. The time is unreasonably long and records of our movement are by nature our reasonable expectation of individual privacy and rightful property.
We need to have privacy agreements for cell phone, tablets, computer, websites, apps and wi-fi companies to clearly state that the records of our movements remain our individual property as we consent to the use of their cell towers to use their products and services. The time of record retention is arbitrary and too long. I believe that there is no reason for those records to be maintained in the manner that they are for any length of time. The mere carrying of some devices crucial to Americans does not mean I or you willfully surrender our rights to the expectation of privacy and allow our movements to be monitored and owned by anyone but the individual.
This decision did not place any limitation on government agencies nor does it involve them in the solution. I don’t seek government legislation, regulation or adjudication to solve this dilemma. We the American people who pay for our internet, cell phones and other electronic devices must demand from our government and the providers that our individual rights are not for sale and non-negotiable. The tracking, monitoring and all other intrusions on our inalienable right to privacy are intolerable and must end now. This case shows how tenuous our liberties are to a government that we clearly currently don’t own.

Here is the link to the decision of Carpenter vs the United States with the majority and dissenting opinions.

Click to access 16-402_h315.pdf

The Unconstitutional Abuse of Our Unalienable Rights

Posted in Liberty, Politics, Unalienable Rights with tags , , , , , , , on November 22, 2016 by authorcarloscardoso

bill_of_rights_scroll

Six years ago I wrote the post below about the unconstitutional abuse of our unalienable rights as the TSA implemented the use of the full body scanner as I implored Americans to write to then House Majority Leader Democrat Steny Hoyer. The technology was being purchased from former Homeland Security Chief Michael Chertoff’s company which definitely seemed unethical at best. Yet this short post was about Americans’ rights to travel by air and still retain our unalienable right to privacy enshrined in the Fourth Amendment,” The right of the people to be secure in their persons, papers and effects against unreasonable searches and seizures, shall not be violated, and no warrant shall issue, but upon reasonable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or places to be seized.”

The issue with the full body scanner and other measures being undertaken by the TSA is not the delay as stated by the House Majority Leader. The issue more precisely is the legality of these unreasonable methods. Travelers have a choice of having your picture taken naked, submitting to a sexual groping or facing a fine of up to $11,000. The unconstitutionality of this practice under the fourth amendment is clear. The right of the people to be secure in their persons, against unreasonable search and seizure without a warrant is being violated. The right of people to be secure in their persons, against unreasonable search and seizures shall not be violated without a warrant being issued based on probable cause. This would require a warrant to be issued against all Americans and that defies logic and is an insult to the American people. We require a different approach and should look at cheaper, constitutional and more effective ways to thwart would be terrorists. We cannot give up our essential liberties for a little security for as Ben Franklin so wisely said, we would deserve neither. We cannot give up who we are to defeat our enemies, we must remain true to who we are and look at alternative measures. El Al is an airline that has been facing terrorist threats constantly and yet has a security record second to none.

That was just the beginning, the proverbial tip of the iceberg as the government was totally trashing our right to privacy. The sad part is that many Americans still embrace this particular loss of liberty for a false sense of security. The misnamed Patriot Act has been the largest government attempt to steal the rights of the American people and grow the power, scope and reach into our lives in history. Edward Snowden told Americans that we were being spied upon by our own government contrary to its constitutional authority. Yet the scope of the treachery and the creation of a police surveillance state has grown to a monster that must be dismantled if liberty is to survive. The Patriot Act is not about ensuring or enhancing our security but is simply about control.

We were told that if you weren’t communicating with foreigners you had nothing to worry about. We were told if you weren’t doing anything wrong you had nothing to worry about which should have been the first red flag since this was supposed to be about National Security and not matters tied to criminal investigations. We were told they were collecting metadata, tracking phone calls origin, destination and length and keeping this data for future reference if a suspicious pattern emerged and not listening to our actual conversations. This, my fellow Americans is an outright lie.

We are being listened to in real time without having done anything to warrant such scrutiny except speaking out about our constitution and the system of government it was meant to control against stealing our unalienable rights and liberties. Our every movement is being tracked and the ability they have to manipulate our electronic devices is truly astounding and appalling. This federal government has since September 11, 2001 used the pretense of fighting terrorism to usurp our rights and use their power to try and intimidate and silence dissent. Our founding fathers fought a war against their own government, the most powerful in the world to establish that our liberties were unalienable and if our government didn’t work to secure these blessings then we had the right and duty to break the political bonds that bind us.

Ordinary Americans who have not forgotten our history, our founding values and principles are treated like criminals and in some cases have been murdered for daring to speak out against the growing tyranny. People like many American ranchers have had their livelihoods destroyed and their land which had been in their families for generations stolen right from under them. Those brave enough to resist like Lavoy Finicum have been murdered. Others like the Bundy’s have been held as political prisoners for daring to speak out and were tried by a government intent on denying them their right to properly defend themselves. It was only the right to a trial by a jury of their peers in Oregon who were able to see through the government deception and find them not guilty on all counts that they were cleared, only to be kept in custody to face charges in Nevada.

These patriots deserve justice and the government agents and their hired henchmen should be held accountable for their multiple crimes. The time has come for the American people to unite instead of listening to the false narrative being sold us about how we are divided. It is time for Americans to reclaim our heritage and birthright to freedom and liberty and reject the evil scourge of globalist tyranny. The globalists are on the verge of being thrown out of power across the globe just when they thought their tyrannical plans were about to come to fruition.

They are a severely wounded animal and as such must be treated with great caution for they are desperate and truly were not expecting a repudiation of their world view on such a large scale across the world. This is the time for us to ensure that as Americans we lead the global fight against tyranny and show the world what life in a country that embraces and practices true righteous liberty can be. We must dismantle the Washington establishment and political ruling elite class and replace it with a government of the people, by the people and for the people. We must destroy the leviathan federal government and bind it securely once and for all with the chains of the constitution as it was meant to be. We must ensure that never again we allow or even give our elected public servants the thought that we will allow them to legislate, regulate or adjudicate away our unalienable rights. We must limit the government to its enumerated powers and return the power of liberty back to the individuals.

The constitution isn’t perfect it is indeed flawed or we would never have found ourselves in this predicament. We must be vigilant and take it upon ourselves to serve our country in a sense of duty to restore the republic and its cornerstone and foundation of liberty. We must let the the tyrants and globalists know that liberty is the Creator’s wish for all of humanity and that we Americans will ensure that it flourishes once again in the hearts and minds of the people. We pledge to be better guardians of the republic which was founded to foster, nurture and protect liberty. We must speak loudly and boldly that we will not give in to fear or intimidation for indeed we are many and united in the cause of liberty we are invincible.