May the Fourth Be With You

A long time ago in our very own galaxy, leaders of diverse political parties gathered to remedy problems that plagued the young republic that had been created by the Articles of Confederation. Their victory, earned during the Revolutionary War, had given them the right to pursue their own governance but they soon realized that they had missed the mark on their first attempt.

They needed a better balance between federal and state rights and they needed to guarantee the rights of individual Americans. Supermajorities were needed before Congress could act and they couldn’t raise money through taxes. What laws they did enact could not be imposed upon the states and the federal government became a dependent appendage with no means to correct its mistakes. From state to state, individuasl had no certainty of their rights and privileges as citizens of the United States of America. Those were times of great uncertainty.

Then came the Constitutional Convention, scheduled to start on May 14, 1787, it actually convened 11 days later because of difficulties with late 18th century travel. By September the Constitutional Convention adopted the new constitution and by June of 1788 it was ratified. Shortly thereafter, persistent demands for specific guarantees for individual rights resulted in the ratification of ten amendments that will forever be known as the Bill of Rights. These amendments placed clear limits on when and how the government could interfere with the activities of it’s citizens.

When confronted with questions of the scope of civil liberties and the limitations on police activity I find it helpful to return to the text of that Bill of Rights and to reflect on the interests that they established for themselves and preserved for their posterity.

“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.”

This fourth amendment to our Constitution confirmed the deeply held notion that our homes are our castles and that the Executive’s right to intrude into another’s castle requires just cause as determined through Judicial oversight and confirmation. Searches and seizures must be justified before the fact and citizens should feel free to travel without fear of arbitrary arrests, frisks, inspections and other forms of surveillance. Because we are the government it has no business arbitrarily monitoring us for compliance, rather government governs best when it responds to evidence of malfeasance and absent such allows us to govern ourselves.

As we look about our circumstances and we find evidence of abuses of these fundamental rights we must respond with a voice of responsibility. We must act to uphold the principles of liberty and freedom, not by violence nor rebellion, but with civility, dialogue and consensus. As we strive to do our duty, I hopefully declare:

“May the Fourth be with you.”