The Fourth Amendment of the Constitution reads as follows:
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.
Doesn’t this rule out “general warrants” such as the non-particular legal power given to the NSA to monitor our cell phones and internet activities?
Senator Rand Paul thinks so, so he is suing the president.
From Bridget Johnson, The PJ Tatler » Rand Paul Suing President Obama.
Rand Paul’s political action committee just announced that the Kentucky senator is suing President Obama.
Paul will file his lawsuit on Wednesday morning at the U.S. District Court in D.C., joined by former Virginia Attorney General Ken Cuccinelli and FreedomWorks president Matt Kibbe.
The class-action lawsuit will be filed against Obama, Director of National Intelligence James Clapper, Director of the National Security Agency Keith Alexander and FBI Director James Comey.
The complaint? “I am filing a lawsuit against President Barack Obama because he has publicly refused to stop a clear and continuing violation of the 4th Amendment,” Paul said in a statement. “The Bill of Rights protects all citizens from general warrants. I expect this case to go all the way to the Supreme Court and I predict the American people will win.”Cuccinelli, acting as lead counsel, said he’s “excited” about the opportunity “to get the courts to affirm the rights protected by the 4th Amendment to the Constitution.”
“We have assembled a legal team and we expect to be opposed by the vast resources of the federal government, yet I am optimistic that we will prevail, because we are seeking to protect a cornerstone of the Constitution,” added Cuccinelli, who was defeated in the Virginia governor’s race last fall by Terry McAuliffe.
“This class action suit isn’t about Republican versus Democrat, or progressive versus conservative. This is about defending the basic civil liberties of every American from a government that has crossed the line. FreedomWorks is participating in this suit on behalf of our community of 6 million citizens nationwide, along with any American who has a phone,” Kibbe said. “If you use a phone, you should care about this case. Never in American history has there been such a warrantless gathering of citizens information. We believe it is time to put this before the courts. ”