Our Founders on Warrantless Searches and The Freedom of One's House

[The Sushi Bandit]

A dear friend who is a libertarian (not a librarian) sent me this from a Blog. I though it was worth sharing!


http://www.moreliberty.org/more_liberty/2006/05/founders_on_war.html

Founders on Warrantless Searches

Further evidence that the Founding Generation thought warrantless searches were inherently unreasonable, oppressive, and contrary to liberty can be found in the 1776 Virginia Bill of Rights and in Virginia's proposed amendments to the Constitution of 1787. These documents speak for themselves in the face of the current "conservative" legal sophists who are trying to destroy our legacy of liberty.

"That general warrants, whereby any officer or messenger may be commanded to search suspected places without evidence of a fact committed, or to seize any person or persons not named, or whose offence is not particularly described and supported by evidence, are grievous and oppressive, and ought not to be granted." -- Virginia Bill of Rights, June 12, 1776
"Fourteenth, That every freeman has a right to be secure from all unreasonable searches and siezures of his person, his papers and his property; all warrants, therefore, to search suspected places, or sieze any freeman, his papers or property, without information upon Oath (or affirmation of a person religiously scrupulous of taking an oath) of legal and sufficient cause, are grievous and oppressive; and all general Warrants to search suspected places, or to apprehend any suspected person, without specially naming or describing the place or person, are dangerous and ought not to be granted." -- Amendments Proposed by the Virginia Convention, June 27, 1788

"The Freedom of One's House"

http://www.moreliberty.org/more_liberty/2006/05/the_freedom_of_.html

There is no better renunciation of the outrageous idea that our government may secretly spy on us or ransack our homes without a warrant than the fiery words of Founding Patriot James Otis who spoke against the NSA spying of his time; the Crown's use of similar searches without a showing of probable cause before a judge, known as writs of assistance or general warrants.
Take a few minutes to step back in time and read an account of one of the chief causes of our forefathers taking up arms against their own government in defense of inalienable rights, in the words of one of this nation's greatest patriots. And then resolve to do your utmost, even at risk of YOUR life, YOUR fortune, and YOUR sacred honor in defense of those same inalienable rights against our own King George.

James Otis before the Superior Court of Massachusetts, Feb. 24, 1761:
"It appears to me the worst instrument of arbitrary power, the most destructive of English liberty and the fundamental principles of law, that ever was found in an English law-book...a kind of power, the exercise of which in former periods of history cost one king of England his head and another his throne...one of the most essential branches of English liberty is the freedom of one's house. A man's house is his castle; and whilst he is quiet, he is as well guarded as a prince in his castle. This writ, if it should be declared legal, would totally annihilate this privilege...officers may enter our houses when they please; we are commanded to permit their entry. Their menial servants may enter, may break locks, bars, and everything in their way; and whether they break through malice or revenge, no man, no court can inquire. Bare suspicion without oath is sufficient."

[silverweb]

1. K&R

More proof (as though we need more) that members of this maladministration are oath breakers, undermining the very Constitution they have sworn to uphold and defend.

[genieroze]

2. They use it as toilet paper.