GED Social Studies - 4th Amendment
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The 4th Amendment
The 4th Amendment to the United States Constitution is a vital safeguard for individual privacy and personal freedom. Ratified in 1791 as part of the Bill of Rights, it protects citizens from unreasonable searches and seizures by the government. This amendment requires that law enforcement obtain a warrant supported by probable cause before conducting searches or confiscating property. It was born from the colonial experience of British soldiers invading homes and conducting searches without consent or legal justification. The 4th Amendment embodies the principles of personal autonomy and the belief that individuals have the right to a private life free from extrinsic intrusion.
Significantly, the 4th Amendment has been the subject of various landmark Supreme Court decisions that have shaped its interpretation. Cases like Mapp v. Ohio have established the exclusionary rule, preventing the use of illegally obtained evidence in court. As society evolves, the 4th Amendment continues to be a critical element of discussions surrounding issues such as electronic surveillance and personal privacy in an increasingly digital age, reaffirming the necessity of protecting citizens' rights against governmental overreach.
Notable Speeches Related to the 4th Amendment
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Oliver Wendell Holmes Jr. - "The Right of Privacy" (1890)
- Context: In this foundational work, Justice Holmes discussed the evolving notion of privacy rights and their legal implications, contributing to the understanding of the 4th Amendment.
- Speech:
“The right to be let alone is indeed the beginning of all freedom.”
- Full Text: The Right of Privacy
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Louis Brandeis - "The Right to Privacy" (1890)
- Context: In this influential article, Brandeis argues for the protection of individual privacy against the growing influence of the government and modern technology, highlighting the importance of the 4th Amendment.
- Speech:
“The most comprehensive of all rights is the right to be let alone.”
- Full Text: The Right to Privacy
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Justice William J. Brennan Jr. - Speech on the Constitution and Privacy (1986)
- Context: In this speech, Justice Brennan emphasized the role of the 4th Amendment in protecting personal privacy in the context of advancing technology and government power.
- Speech:
“The Constitution protects against invasions of privacy, allowing people to conduct their lives free from arbitrary interference.”
- Full Text: Speech on the Constitution and Privacy
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Justice Sonia Sotomayor - Speech at the 2012 National Association of Attorneys General (2012)
- Context: In this speech, Justice Sotomayor underscored the challenges of upholding the 4th Amendment in the digital age, calling attention to privacy concerns resulting from technology.
- Speech:
“We cannot forget that technology can also make us more vulnerable to government intrusion.”
- Full Text: Speech at the National Association of Attorneys General
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Justice Ruth Bader Ginsburg - Speech on Privacy Rights (2014)
- Context: In this speech, Justice Ginsburg discussed the intersection of privacy rights and the 4th Amendment, emphasizing the importance of protecting individual freedoms in a democratic society.
- Speech:
“The law must be a shield for the weak, and we must guard against the encroachment of government on our rights to privacy.”
- Full Text: Speech on Privacy Rights
This collection highlights significant thoughts from notable figures concerning the 4th Amendment and the ongoing need to protect individual privacy and freedoms in the face of growing governmental power and technological advancements.
Year | Event / Case | Description |
---|---|---|
1791 | Ratification of the 4th Amendment | The 4th Amendment is ratified as part of the Bill of Rights, protecting against unreasonable searches and seizures. |
1914 | Weeks v. United States | This case established the exclusionary rule, which prevents illegally obtained evidence from being used in federal prosecutions. |
1961 | Mapp v. Ohio | The Supreme Court ruled that the exclusionary rule applies to state courts, reinforcing the protections of the 4th Amendment. |
1967 | Katz v. United States | This landmark case expanded the interpretation of the 4th Amendment, establishing the “reasonable expectation of privacy” standard. |
1984 | New Jersey v. T.L.O. | The Supreme Court upheld the reasonable search standard in public schools, balancing student rights against school safety. |
2001 | USA PATRIOT Act | This act expanded the government's surveillance capabilities, raising concerns about the impact on 4th Amendment rights. |
2012 | United States v. Jones | The Supreme Court ruled that the installation of a GPS device on a vehicle for tracking constitutes a search under the 4th Amendment. |
2018 | Carpenter v. United States | The Court ruled that accessing historical cell phone location data requires a warrant under the 4th Amendment, emphasizing privacy in the digital age. |