Originally posted by Mace2004
I wonder though if you realize the significance of your own use of Supreme Court rulings as proof that the Constitution does in fact contain the right to privacy (a right, as I said before, I agree with). By using that argument, you are admitting that the beginning and end of all rights is not the direct written word of the Constitution since finding a privacy right took an act of judicial interpretation. The same is said about limitations on those rights.
actually, I included the SCOTUS bit for the benefit of the reader, not for my own. Some people won't bnelieve anything without a Gov't stamp of approval. Regarding the origen of rights, I did not intend to imply that they are or aren't "the direct written word of the Constitution." The Constitution and BoR simply enumerate SOME rights, admonishes the FedGov to not mess with said rights, defines the scope of the Federal Government and leaves everything else up to the states. It even recognizes that the list of rights it's covering isn't exhaustive, as a saftey net. It does not create rights, nor do SCOTUS rulings. It simply RECOGNIZES them. Rights aren't "created" by anything, other than me being a living, breathing human being. That's the concept behind "inalienable rights" and "All men are created equal". I own them. So do you. They're ours. Gov't doesn't "give" them to us, nor can it take ANY of them away. Furthermore, accepting any Gov't interference with my exercising my rights (permits, licenses, ID checks) is akin to having to ask permission. If you have to ask permission to do something, you're not truely free to do it.
Someone once said that "the Constitution is not a suicide pact" and I have to agree with that. Denying for instance the governments ability to use supposedly "illegal" wire taps for overseas phone calls is one such case of being willing to commit suicide rather than deal with the real world. Can you imagine someone in WWII worrying about the constitutionality of the government listening in to German or Japanese radio broadcasts aimed at spies (and yes, many German and Japanese spies were US citizens) in the US? This is exactly the same thing. Who's going to take the blame the next time some terrorist gets on board a US airline because someone was wringing his hands over the constitutionality of searching passengers? I doubt you'll raise your hand and say "it was my fault".
What you describe is different from Gov't FISHING through DOMESTIC records, looking for FOREIGN connections, which the Patriot Act permits. Even "sneak and peek" warrants are authorized. On American citizens. with no evidence. and they don't have to tell you about it. This bothers me.