Fact Sheet on U.S. “Constitution Free Zone”
The problem
- Normally under the Fourth Amendment of the U.S. Constitution, the American people are not generally subject to random and arbitrary stops and searches.
- The border, however, has always been an exception. There, the longstanding view is that the normal rules do not apply. For example the authorities do not need a warrant or probable cause to conduct a “routine search.”
- But what is “the border”? According to the government, it is a 100-mile wide strip that wraps around the “external boundary” of the United States.
- As a result of this claimed authority, individuals who are far away from the border, American citizens traveling from one place in America to another, are being stopped and harassed in ways that our Constitution does not permit.
- Border Patrol has been setting up checkpoints inland — on highways in states such as California, Texas and Arizona, and at ferry terminals in Washington State. Typically, the agents ask drivers and passengers about their citizenship. Unfortunately, our courts so far have permitted these kinds of checkpoints – legally speaking, they are “administrative” stops that are permitted only for the specific purpose of protecting the nation’s borders. They cannot become general drug-search or other law enforcement efforts.
- However, these stops by Border Patrol agents are not remaining confined to that border security purpose. On the roads of California and elsewhere in the nation – places far removed from the actual border – agents are stopping, interrogating, and searching Americans on an everyday basis with absolutely no suspicion of wrongdoing.
- The bottom line is that the extraordinary authorities that the government possesses at the border are spilling into regular American streets.
Much of U.S. population affected
- Many Americans and Washington policymakers believe that this is a problem confined to the San Diego-Tijuana border or the dusty sands of Arizona or Texas, but these powers stretch far inland across the United States.
- To calculate what proportion of the U.S. population is affected by these powers, the ACLU created a map and spreadsheet showing the population and population centers that lie within 100 miles of any “external boundary” of the United States.
- The population estimates were calculated by examining the most recent US census numbers for all counties within 100 miles of these borders. Using numbers from the Population Distribution Branch of the US Census Bureau, we were able to estimate both the total number and a state-by-state population breakdown. The custom map was created with help from a map expert at World Sites Atlas.
- What we found is that fully TWO-THIRDS of the United States’ population lives within this Constitution-free or Constitution-lite Zone. That’s 197.4 million people who live within 100 miles of the US land and coastal borders.
- Nine of the top 10 largest metropolitan areas as determined by the 2000 census, fall within the Constitution-free Zone. (The only exception is #9, Dallas-Fort Worth. ) Some states are considered to lie completely within the zone: Connecticut, Delaware, Florida, Hawaii, Maine, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island and Vermont.
Part of a broader problem
- The spread of border-search powers inland is part of a broad expansion of border powers with the potential to affect the lives of ordinary Americans who have never left their own country.
- It coincides with the development of numerous border technologies, including watch list and database systems such as the Automated Targeting System (ATS) traveler risk assessment program, identity and tracking systems such as electronic (RFID) passports, the Western Hemisphere Travel Initiative (WHTI), and intrusive technological schemes such as the Secure Border Initiative Network (SBINet) or “virtual border fence” and unmanned aerial vehicles (aka “drone aircraft”).
- This illegitimate expansion of the extraordinary powers of agents at the border is also part of a general trend we have seen over the past 8 years of an untrammeled, heedless expansion of police and national security powers without regard to the effect on innocent Americans.
- This trend is also typical of the Bush Administration’s dragnet approach to law enforcement and national security. Instead of intelligent, competent, targeted efforts to stop terrorism, illegal immigration, and other crimes, what we have been seeing in area after area is an approach that turns us all into suspects. This approach seeks to sift through the entire U.S. population in the hopes of encountering the rare individual whom the authorities have a legitimate interest in.
If the current generation of Americans does not challenge this creeping (and sometimes galloping) expansion of federal powers over the individual through the rationale of “border protection,” we are not doing our part to keep alive the rights and freedoms that we inherited, and will soon find that we have lost some or all of their right to go about their business, and travel around inside their own country, without interference from the authorities.
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I live in Oregon. The State congress folks both house & senate have had “town hall” meetings & have been blatently changing laws, claiming “new laws passed” in 2005, 2007, when in reality that is not the case at all. They got away with Clinton bringing $800,000 from Colombia folks wanting the trade agreement to go thru for Hillary’s campaign; when asked how that would play out as she was against it on Round Table they had no idea; within 2 weeks on C span a “political advisor” was claiming it had been passed by bipartisan agreement in 2006; just expired in 1 08; Congress had “extended” til 9/08; this is totally & completely false; the agreement was NEVER signed; so, a rash of these sort of things are going on including in the States. A water bill signed by McCall protecting all water in Oregon was said to have “expired” this year; (they are going to start shipping to Calif); so, I feel like I am in a “no law” law led by “lawless leaders”; watching a St Gov process this week there was indication a “measure 50″ horribly hurt the state; suddenly today on local news property taxes went up on measure 50 passed in 1997 “voted” on by the people????? not on constitution free by apparently free of any & all laws; or new ones; amended ones; and “old” ones suddenly becoming into effect;
Comment yellowbird — October 25, 2008 @ 4:48 am
“If you’re not doing anything wrong you have nothing to worry about.” Yeah sure. Watch how this activity grows into more stuff like this as “they” continue to get away with it. Clearly if things like this are unchallenged more of our rights will be taken. We are living in interesting times folks.
In the event anyone is stopped for “administrative” questioning, ask some questions of your own. Like
am I under arrest? Am I free to go? Is this stop permitted under the constitution…where?
If you have a passenger, have them film the interrogation and post it online.
Do not consent to any search of your person or your vehicle. Carry a pocket copy of the U.S. Constituion…read aloud from it while being “detained” remind the anonymous henchmen they took an oath to support it. You are guaranteed some dumb looks from them when you quiz them though about anything in the bill of rights. Do not get angry, simply assert calmly your rights.
Comment Bob Constantine — October 25, 2008 @ 6:27 am
Walter, thank you for this very important information. Here in Northern NY the Border Patrol frequently sets up impromptu “check points” on major roads. Do they find any legitimate “immigration” problems through these checkpoints? No, those problems are usually found at the border itself. But the Border Patrol, unlike the state or local police, does technically have the right to, for example, search your car even without any concrete suspicion of wrongdoing. So these checkpoints are really nothing more than an illegitimate way to expand police authority in searching for low-level drug criminals. The occasional minor drug case is not worth the erosion of civil liberties.
We need a change in policy at the Federal level to stop this. Everyone should support the work of the ACLU in this regard, and also the work of other organizations defending privacy and constitutional rights, such as the Electronic Privacy Information Center.
Comment Mary Zanoni — October 25, 2008 @ 6:05 pm
Have you all heard about the new law that outlaws muscovy ducks starting March 31, 2010?
Muscovies are a non-mallard derived duck a lot of people love. They are accepted in the American Poultry Association’s Standard of Excellence as a show duck. People appreciate their friendly nature and it is probably the best broody in the domestic duck world. The fact that it never quacks, only making soft cooing noises makes it particularly attractive to the new urban minifarms. Unfortunately some irresponsible people have let their muscovies loose and a feral population has survived, mostly in southern states as this duck is native to warmer climates. So the FWS has created this onerous legeslation that will basically wipe out the business of many breeders throughout the country who cater to the many lovers of this unique duck. The new law mandates that no one may posess for any reason a muscovy obtained in any way after March 31st unless they live in certain Texas counties or have a certain meat permit. Muscovys obtained before that date will be permitted. Wild muscovy populations are going to be “irradicated”. This law was written under the authority of the Migratory Bird Act in conjunction with treaties with several other countries. This is a huge ramping up of federal power over the property rights of individuals. There is a petition protesting this on the thepetitionsite.com called Do not outlaw the Muscovy Duck.
[This is quite complicated. See here for discussion on the BackYardChickens forum. -WJ]
Comment M Evans — March 4, 2010 @ 9:42 am