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Monday, June 17, 2013

The Supreme Court is Wrong


Amendment IV Article VI of the Constitution for the United States of America states:

"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."

These rights only apply to U.S. Citizens and with modern extensions of interpretation to your vehicle.

Depending on your profession and employment, you may be required to sign a non-disclosure agreement (NDA) with your employer to protect confidential and proprietary company information. Within the various branches of government you may be required to undergo investigation to be assigned a security clearance and sign non-disclosure agreements and if required, to take an oath of office or service for reasons of national security. Depending on the type of service, upon Separation, debriefing and signing other instruments of agreement and restrictions may be required. 

But when you are in your home, watching television, surfing the Internet, or talking on the phone, your 4th amendment rights are protected by the Constitution (unless you give them away.) Examples are numerous which outline situations under which Citizens have given up their 4th amendment rights. 'Signing up' for any home service of any kind can breach your rights.

Without probable cause of wrong-doing and the securing of a warrant with appropriate stipulation, issued according to constitutional law, anyone obtaining information by means of search or seizure about you or your habits is a violation of your constitutional rights and therefore unlawful.

Edward Snowden at the very least is in violation of his employer's NDA and at worst, is a spy and or traitor. By giving information obtained while employed by the U.S. Government or any of its extensions to any potential enemy which harms or may bring harm in current or future endeavors, he has violated his oath of office or service and as a U.S. Citizen may be a traitor. 

This does not negate the unlawful planned activities or any current actions the government is perpetrating on the citizens of the United States. Looking for terrorists, or any potential enemies is not just cause to subject all American people to such violations of basic liberties.

The Supreme Court is incorrect in its current interpretation, you do have rights to privacy. If we allow the government to continue ignoring the rule of law, we have given up the Republic. 

3 comments:

  1. Snowden's oath was to the constitution first NOT his employer whether a government entity or not. IT IS HIS DUTY TO BRING TO LIGHT ANY AND ALL ACTIONS THAT GO AGAINST THE PRIMARY LAW OF THE LAND!!!!!!!!!!!! A BREACH OF THIS TRUST GIVEN TO ANY AN ALL GOVERNMENT EMPLOYEES IS TREASON NOT THE OTHER WAY AROUND.

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  2. I disagree, as an American we all 'pledge our allegiance' to our nation. As an employee of a private company, there are NDA's and when you also work for a company contracted to the government, there are additional agreements of confidentiality. That being the case, he did violate agreements. Regarding his being treasonous, I cannot say since I do not know what information he gave to others besides the British journalist. If he gave secret information to the Chinese, that jeopardizing the nation or any American(s) then it can be an indictable offense of treason. I think it's still too early to claim he is a hero or a traitor.

    Benedict Arnold was both based on his actions as a General and as a British spy.

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  3. Having read the comments so far posted, it is clear that neither commentor understands the mechanisms that are in place to deal with any wrong doing of any employee of the U.S. Government.

    What has been sorely lacking to the point of criminal negligence at best to treasonous activity at the worst is a U.S. Department of Justice which will take the correct action under the U.S Constitution (not the version Holder was sworn in with.)

    E. Snowden should be tried for the treasonous acts he has committed.

    E. Holder should be tried for the treasonous acts he has committed.

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