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| -Land of the Free |
| Congress Quietly Passed A Bill Allowing Warrantless Searches Of Homes - Only 1% Opposed It |
| 2017-08-27 |
| [Zerohedge] By Rachel Blevins of The Free Thought Project A bill that will allow homes to be searched without a warrant was passed with overwhelming support by the United States Congress, and signed into law by President Trump‐and it happened with no media coverage and very little fanfare. On the surface, House Joint Resolution 76 looks harmless. The title of the bill claims that its purpose is "Granting the consent and approval of Congress for the Commonwealth of Virginia, the State of Maryland, and the District of Columbia to enter into a compact relating to the establishment of the Washington Metrorail Safety Commission." "Whereas the Washington Metropolitan Area Transit Authority, an interstate compact agency of the District of Columbia, the Commonwealth of Virginia, and the State of Maryland, provides transportation services to millions of people each year, the safety of whom is paramount; Whereas an effective and safe Washington Metropolitan Area Transit Authority system is essential to the commerce and prosperity of the National Capital region; Whereas the Tri-State Oversight Committee, created by a memorandum of understanding amongst these 3 jurisdictions, has provided safety oversight of the Washington Metropolitan Area Transit Authority." The proposal for a safety commission to act as a wing of the Washington Metropolitan Area Transit Authority may sound logical, when its power includes thing such as the ability to "Adopt, revise, and distribute a written State Safety Oversight Program" and to "Review, approve, oversee, and enforce the adoption and implementation of WMATA's Public Transportation Agency Safety Plan." However, there is one major red flag buried within the text of the bill that stems from the list of "powers" given to the Washington Metrorail Safety Commission, and it violates one of the basic tenets of the U.S. Constitution. "In performing its duties, the Commission, through its Board or designated employees or agents, may:Enter upon the WMATA Rail System and, upon reasonable notice and a finding by the chief executive officer that a need exists, upon any lands, waters, and premises adjacent to the WMATA Rail System, including, without limitation, property owned or occupied by the federal government, for the purpose of making inspections, investigations, examinations, and testing as the Commission may deem necessary to carry out the purposes of this MSC Compact, and such entry shall not be deemed a trespass" The text gives the Commission the authority to enter property near the Metro Rail System "without limitation" and without a warrant, for the purpose of "making inspections, investigations, examinations, and testing." This clearly goes against the Fourth Amendment, which states that Americans' rights "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." When the bill was brought to a vote in the House of Representatives, there were only five Congressmen who voted against it: Representatives Justin Amash, a Republican from Michigan; Walter Jones, a Republican from North Carolina; Thomas Massie, a Republican from Kentucky; Alex Mooney, a Republican from West Virginia; and Mark Sanford, a Republican from South Carolina. Amash called out the hypocrisy surrounding the fact that even though this legislation is in clear violation of the Constitution, it was passed by Congress with overwhelming support. "Only 5 of us voted against bill allowing govt to enter/search private property in parts of VA, MD & DC w/o warrant," He wrote on Twitter. Only 5 of us voted against bill allowing govt to enter/search private property in parts of VA, MD & DC w/o warrant. https://t.co/SVhTWqbPaB This is not the first time Congress has quietly passed a bill that will take away some of the most basic rights from law-abiding citizens in the U.S., and it won't be the last. One of the most important things to remember about this legislation is that it was ignored by the media, and while it may only affect the Washington D.C. metro area now, it could be laying the blueprint for future legislation across the country. |
| Posted by:Seeking cure for ignorance |
| #13 You, my dear, are a marvelous resource. |
| Posted by: Skidmark 2017-08-27 21:03 |
| #12 I read the subsection in question (Article IV A 31 b) as passing the inspection responsibility from the feds to the state/commonwealth/DC involved, but allowing the company railroad inspectors as free access to adjacent federal properties as they already have to adjacent state, local government, and private properties subject to the laws and constitutions that hold within their state/commonwealth/DC boundaries. A few lines above, in Section IV A 30, it does point out that 30. In carrying out its purposes, the Commission, through its Board or des- ignated employees or agents, shall, consistent with federal law: which includes the Constitution of the United States, going on to say (d) Implement and enforce relevant federal and State laws and regulations relat- ing to safety of the WMATA Rail System; The text of the signed bill is here, if anyone wants to read it. |
| Posted by: trailing wife 2017-08-27 14:55 |
| #11 It all started with Marbury vs. Madison. It's just metastasized now. |
| Posted by: charger 2017-08-27 14:26 |
| #10 The problem being that judge shopping and the filing of lawsuits costs money. So Congress should be liable for compensatory and punitive damages whenever these harebrained schemes of theirs and found to be unconstitutional. |
| Posted by: Abu Uluque 2017-08-27 12:35 |
| #9 If it's clearly unconstitutional somebody needs to go shopping for a judge who will overturn it. |
| Posted by: Abu Uluque 2017-08-27 12:33 |
| #8 Go after Congress first. Oh; I forgot, they are exempt I guess. |
| Posted by: Dale 2017-08-27 09:55 |
| #7 History is hard. ... for some. |
| Posted by: Pappy 2017-08-27 08:38 |
| #6 Alternatively, it all started with Adam. |
| Posted by: g(r)omgoru 2017-08-27 07:39 |
| #5 It all started with FDR Posted by g(r)omgoru There is some very strong supporting evidence for this comment. |
| Posted by: Besoeker 2017-08-27 07:36 |
| #4 What surprises me is the degree of herd-like behavior exhibited by Congress--and the Pubs are in control. Maybe it just my naivete. |
| Posted by: JohnQC 2017-08-27 07:35 |
| #3 It all started with FDR |
| Posted by: g(r)omgoru 2017-08-27 07:34 |
| #2 It wasn't just Obama who abused the Constitution. Under Bush, the Patriot Act was passed which went against the Bill of Rights. All these assaults on our Constitution need to be declared unconstitutional. Trading safety for liberty is never a good deal. |
| Posted by: JohnQC 2017-08-27 07:33 |
| #1 For 233 years the U.S. follows the Constitution. Then the people elect Barack Obama for 8 years. That's all the time that was needed for Obama to separate the federal government from the U.S. Constitution. |
| Posted by: Hupeting Sforza8196 2017-08-27 03:01 |