A Man’s House is His Castle: Introduction

I’ve spent the last several weeks working a paper for my Constitutional Law and Civil Rights class. I now present you with the fruits of my labor, presented as multipart serial. Today will be the title page, abstract, introduction, and works cited.

A Man’s House is His Castle
A Discussion on the Fourth Amendment and National Security
by Andrew Ferguson
4/21/2008

Abstract: The Fourth Amendment is designed to protect the people of the United States “against unreasonable searches and seizures.”¹ However, the degree of that protection is a careful balance of the people’s right and the Government’s protection, especially when national security is involved.

Introduction
The Fourth Amendment is designed to protect the people of the United States “against unreasonable searches and seizures.”² However, the degree of that protection is a careful balance of the people’s right and the Government’s protection.

Recent global developments, specifically the terrorist attacks of September 11, 2001, and the ensuing “global war on terrorism,” have caused the Government to exercise power over the Fourth Amendment. However, doing so may be unconstitutional. This poses the question: Should the right of unreasonable searches and seizures be limited to protect national security?

The author will show that despite the Court’s varied interpretations over the years, national security is not a compelling enough interest to overturn the people’s right granted to them in the Fourth Amendment.

Also, note that this paper will deliberately not deal with the exclusionary rule or the concept surrounding “fruit of the poisonous tree.” This paper is strictly limited to warrants and the Fourth Amendment. Any instances of illegally performed searches and seizures fall outside the purview of this paper.

Works Cited
1. Constitution of the United States, Fourth Amendment.
2. Cohen, William and Danelski, David J. Constitutional Law: Civil Liberty and Individual Rights. New York : Foundation Press, 2002. 1-58778-075-5.
3. Tudor dynasty. Wikipedia, the free encyclopedia. [Online] Wikimedia Foundation, Inc., April 14, 2008. [Cited: April 17, 2008.] http://en.wikipedia.org/wiki/Tudor_dynasty.
4. Worshipful Company of Stationers and Newspaper Makers. Wikipedia, the free encyclopedia. [Online] Wikimedia Foundation, Inc., March 39, 2008. [Cited: April 2008, 17.] http://en.wikipedia.org/wiki/Worshipful_Company_of_Stationers_and_Newspaper_Makers.
5. Townshend Acts. Wikipedia, the free encyclopedia. [Online] Wikimedia Foundation, Inc., April 17, 2008. [Cited: April 17, 2008.] http://en.wikipedia.org/wiki/Townshend_Act.
6. Writ of Assistance. Wikipedia, the free encyclopedia. [Online] Wikimedia Foundation, Inc., April 10, 2008. [Cited: April 17, 2008.] http://en.wikipedia.org/wiki/Writs_of_Assistance.
7. United States Declaration of Independence.
8. Virginia Declaration of Rights. Wikipedia, the free encyclopedia. [Online] Wikimedia Foundation, Inc., April 2, 2008. [Cited: April 17, 2008.] http://en.wikipedia.org/wiki/Virginia_Declaration_of_Rights.
9. Levy, Leonard W. Seasoned Judgments: The American Constitution, Rights, and History. New Brunswick : Transaction Publishers, 1995. 1-56000-170-4.
10. Davies, Thomas Y. Recovering the Original Fourth Amendment. Michigan Law Review. 1999, Vol. 98, 547.
11. Olmstead v. United States. 277 U.S. 438, 48 S.Ct. 564, 72 L.Ed. 944, Washington, D.C. : Supreme Court of the United States, 1928.
12. Katz v. United States. 389 U.S. 347, 88 S.Ct. 507, 19 L.Ed.2d 576, Washington, D.C. : Supreme Court of the United States, 1967.
13. Kyllo v. United States. 533 U.S. 27, 121 S.Ct. 2038, 150 L.Ed.2d 94, Washington, D.C. : Supreme Court of the United States, 2001.
14. Schenck v. United States. 249 U.S. 47, 39 S.Ct. 247, 63 L.Ed. 470, Washington, D.C. : Supreme Court of the United States, 1919.
15. United States v. Verdugo-Urquidez. 494 U.S. 259, Washington, D.C. : Supreme Court of the United States, 1990.
16. Yoo, C. John. Memorandum for William J. Haynes II, General Counsel of the Department of Defense. Department of Justice, United States. 2003. Memorandum.
17. Brandenburg v. Ohio. 395 U.S. 444, Washington, D.C. : Supreme Court of the United States, 1969.
18. United States v. U.S. District Court. 407 U.S. 297, Washington, D.C. : Supreme Court of the United States, 1972.
19. Hess, Pamela and Jordan, Lara Jakes. Memo Linked to Warrantless Surveillance. [Online] April 2, 2008. [Cited: April 14, 2008.] http://ap.google.com/article/ALeqM5hJKgeE0Z-SivATjok-utYBdh9wDwD8VQ5HFO4.

Continued tomorrow with Historic Development…

1. Constitution of the United States, Fourth Amendment. ↩

2. Constitution of the United States, Fourth Amendment. ↩