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IPFS News Link • Politics: Republican Campaigns

Chris Christie vs. Rand Paul

• original.antiwar.com, by Andrew P. Napolitano

It is a well-regarded historical truism that the Fourth Amendment was written by victims of government snooping, the 1770s version. The Framers wrote it to assure that the new federal government could never do to Americans what the king had done to the colonists.

What did the king do? He dispatched British agents and soldiers into the colonists' homes and businesses ostensibly looking for proof of payment of the king's taxes and armed with general warrants issued by a secret court in London.

A general warrant did not name the person or place that was the target of the warrant, nor did it require the government to show any suspicion or evidence in order to obtain it. The government merely told the secret court it needed the warrant – the standard was "governmental need" – and the court issued it. General warrants authorized the bearer to search wherever he wished and to seize whatever he found.


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