So you think the 4th Amendment about unreasonable search and seizure is important to our freedoms and rights as American citizens? Maybe you’re right. But how ‘bout this election!
Amendment IV
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.
I want to start with a little peek behind the curtain. As loyal readers know, I post these arguments at noon each Wednesday. Well, it’s about 10:30 P.M. on Tuesday as I write this sentence. I’m staring at a word count of 138, knowing the magic number sits just north of 1,000. I’m like a college freshman preparing for a sleepless night of pounding keys, hoping against hope that my word count grows faster than the minutes tick away. You are my professors; I am the procrastinator who must substitute coffee for sleep to finish on time.
After all, how could I have concentrated on writing this past week when it was filled with such fascinating political entertainment? With the early votes favoring him, I imagine an amphetamine-laden Sleepy Joe anything but, with a grin so big you could see it behind his omnipresent mask. As the night progressed, his smile would devolve, muttering “C’mon, man” on repeat like a narcotized addict jonesing for more. As the wall of red expanded westward, shotguns and pistols were loaded all across the Flyover States of America, preparing for celebratory gunfire. But eventually early voters would have their voices heard in the handful of states yet to be called. Each batch of mailed-in votes was like a gentle stream or babbling brook, none of any major significance. But as they converged, an overwhelming river of deep, clear blue emerged. I just couldn’t tear myself away from that drama to write.
Fortunately, an idea came to me suddenly and completely, only hours ago. An obvious windfall of an idea not unlike the massive 74 west coast Electoral College votes called for Biden the instant those polls closed. An idea I had to have if I was to have any chance of crafting this week’s argument in time. This fiasco of an election is the 4th Amendment in a nutshell.
The right of the people to be secure in their persons, houses, papers, and effects, . . . Trump believes he’s earned the right to be the President for another 4 years. I can understand his desire. Who would want to give up that kind of power? And as the President, the mansion on Pennsylvania Ave is his home. It’s where he and his wife lay their heads at night, where he keeps at least some of his important papers and effects. I like to imagine the only occupant of the Presidential bedroom’s safe is a thumb drive of Trump’s tax returns. With the untold security features of the White House, it’s as safe as can be. I can imagine no more secure residence in all the world.
. . . against unreasonable searches and seizures, shall not be violated, . . . If Biden is attempting to seize Trump’s home via unreasonable, fraudulent means, then Biden is in violation of the 4th Amendment. “Fraudulent means” in this scenario would equate to election fraud and vote tampering. Trump was up by around 700,000 votes in Pennsylvania with only 1.4 million votes yet to count and lost the state. This is not proof of fraud, though. Instead, it’s proof of a loyal contingency of supporters that listened to the President’s request as he implored them to vote in-person, rather than by mail as Biden supporters anti-Trump voters did.
. . . and no Warrants shall issue, . . . The Warrants in this context are individual votes, and ultimately Electoral College votes. As I write this, Fox News has a chyron that reads, “Trump campaign moves forward with legal challenges to ensure that every legal vote is counted.” And well they should. All legal votes must be counted—whether for Donald, Joe, or wasted on Kanye—in order to determine which candidate the American voters warrant as worthy of the label, President-elect. [Author’s note: I was watching Fox News for research purposes only!]
. . . but upon probable cause, supported by Oath or affirmation, . . . We count the people’s votes, then the Electoral College casts their votes as the Constitution has set forth. Race to 270. The first man, woman, or ≥35 year-old child to that magic number has probable cause to seize the White House at noon on January 20. All this, of course, is predicated on votes being legit. The states are responsible for affirming the legitimacy of each ballot as their laws dictate. With over 150 million votes cast, are some going to be fraudulent and counted? Probably. Legit and rejected? You betcha.
. . . and particularly describing the place to be searched, and the persons or things to be seized. The Presidency. 1600 Pennsylvania Ave. All the power and responsibilities therein.
Obviously, this isn’t the traditional argument you’ve come to expect from me each Wednesday. Sometimes you have to take a few liberties and just hope your efforts will be appreciated despite completely sidestepping the assignment. Hopefully, my dear professor, this was worth at least a passing grade. If I’ve failed you, though, it’s a comfort knowing I have the luxury of trying to do better in a second term.
So, you still think the 4th Amendment is important? I’m pretty sure you’re right, but who knows? One thing I’m sure of, though, is there wouldn’t be nearly as many court or crime dramas if not for the “unreasonable searches and seizures” aspect playing havoc with the narrative. Whether that’s a good or bad thing is up for debate, but I do like me a good gangster flick. So, I guess, yeah, come to think of it . . . You’re Probably Right.
[018] November 11, 2020