Thursday, December 6, 2012

What would They Say Now?


Law enforcement groups have asked the US Senate to require wireless carriers to store text messages for up to two years citing a current lack of federal requirement to do so, "can hinder law enforcement investigations". Congress is in discussions now over updating a 1986 privacy law for the cloud computing era. Using an argument like "can hinder law enforcement" to force the changing of laws to suit them would be setting an eerie precedent, were would it all end? Once we start down that road anything in the future law enforcement deems "hinders law enforcement" could be deemed illegal?

In drafting one of the most unique and important documents of modern times, our constitution, the founding fathers put great emphasizes on both protecting our personal rights and limiting the power of the federal government.  The 9th Amendment..  

"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

As part of the "Bill of Rights" supreme court justices have long used it as the binding authority in protecting the right to privacy, the right to travel, and the presumption of innocence.  Taken with the 10th amendment...

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

States have used this amendment for years to argue that the federal government does not have rights beyond what is granted it in the constitution. The supreme court has ruled laws unconstitutional for violating the 10th amendment when the federal government compels states to enforce federal statutes. The founding fathers in writing the constitution, a document that had stood the test of time, knew the importance of protecting one's privacy and limiting the power of the government but what would they say now?   

No comments:

Post a Comment