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The relevant part of article six of the United States Constitution. "This Constitution, and the Laws of the United States which shall be made in Pursuance ther
by arca_vorago 10y ago
The relevant part of article six of the United States Constitution.
"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States."
Therefor, being that such a warrant system is in violation of the fourth amendment (they key here, for those naively claiming this isn't such a big deal, is the interpretation by the executive that such warrants give them the power to hack thousands of computers without description of their location, their probable cause, and the person that owns them):
"The right of the people to be secure in their persons, houses, papers, and effects,[a] 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."
The FBI and every congress-scumbag who passed this, or blocked the delays, is very close to being in violation of their oath, technically and in spirit. Now, for congress they must sign an affidavit that (5 U.S.C. 3333) will not violate their oath while in office, the punishment of which (18 U.S.C. 1918) is removal from office and confinement or a fine, but the criteria is hard to pin down legally.
(5 U.S. Code § 7311) "An individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia if he—
(1) advocates the overthrow of our constitutional form of government;
(2) is a member of an organization that he knows advocates the overthrow of our constitutional form of government;
(3) participates in a strike, or asserts the right to strike, against the Government of the United States"
My question is, are the executive officers also supposed to sign that affadavit? If so, that's a starting point, but if not, what punishment is there, what legal recourse, to get rid of people in the executive or judicial who are pushing or acquiescing to blatantly unconstitutional expansions of power?
Bonus question: does the third amendment apply here as well, since they are putting their own malware in our houses?
"No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law."
- deleted 10y ago[deleted]