The scale of surveillance now wasn’t even thinkable back then. The ability to encrypt. The bandwidth and latency of communication. The sheer nunber of people, the research into manipulating minds. Does the second ammendment apply to an f35 or a tank? Well it doesn’t really matter, they clearly weren’t in scope when it was written. There were no wiretapping laws in the constitution because there was no wires. unreasonable in 1780 was different to unreasonable today.
The US has famously failed to update its legal framework via the legislative branch, so It’s upto the judicial branch which seeks to be about interpreting what some wealthy farmers from 250 years ago thought, rather than asking what laws make sense today.
The Constitution gives you some rights but maybe not this one (to not be searched without warrant at a border). The problem is not The Constitution but the legislative branch that didn't make laws to ban it.
>>what some wealthy farmers from 250 years ago thought, rather than asking what laws make sense today
It's not the job of judges to invent laws or ponder what laws make sense. That would be legislative branch.
> The US has famously failed to update its legal framework via the legislative branch, so It’s upto the judicial branch which seeks to be about interpreting…
There, shoftim refers to judges who interpret and apply the law, requiring deep literacy in the Torah to ensure righteous judgment without favoritism or bribery. Shotrim are the enforcers of the court (sheriffs, etc.).
I don't know where people get the idea that the role of a judge is not to interpret the law. This is literally the only thing SCOTUS does.
This does not appear to be true. “Judicial” is etymologically unrelated to “Judaic” fyi.
In particular just because it "makes sense" to extend 4th amendment reading doesn't justify judges just going for it. That would be legislating from the bench.
Take for example laws which depended on Roe V. Wade being a Constitutional right no longer existing, and laws created after that right was repealed, because said right didn't make sense to the current Justices (despite being established law for nearly 50 years.) Did the wording of the Constitution change over those intervening years? No. Justices who agreed that Roe was a right died or retired, and were replaced by justices who disagreed, and the Constitution means whatever a majority of Justices say it does. Or the Supreme Court deciding that the 2nd Amendment's definition of "militia" included every American citizen, thus creating a right to personal firearm ownership where none existed before.
Or more accurately, the Constitution means whatever a majority of Justices decide that the hypothetical ghosts of the Founding Fathers, if summoned into a pentagram, would themselves decide. It just happens to be the case that the original intent of the Founding Fathers always correlates to the political bias of the majority. Crazy how that works.
And of course the Supreme Court's power of judicial review itself was never granted by the Constitution. They just made it up because it made sense to them.
If the constitution doesn't take away a right from you specifically, then you have that right.
The constitution doesn’t take away your right to build or own a nuclear weapon.
See the map here: https://www.southernborder.org/100_mile_border_enforcement_z...
Likewise we now have the technology to automatically surveil the border 24/7 (maybe modulo tunnels, though I wouldn't be surprised if we could detect those too?), so a 100-mile exception only ever becomes more and more dubious. We could've built the wall and lined it with a surveillance system for less than the cost of this Iran war (never mind all the m̶o̶n̶e̶y̶ ̶p̶r̶i̶n̶t̶i̶n̶g̶ stimulus this decade), shutting up the whole border debate once and for all, and ending justifications for internal surveillance for trafficking.
I'm actually pretty curious about this. You can't easily sneak on/off a commercial international airplane, but that's because they've got the gates set up in the airport to funnel you through a specific path that leads to customs. Showing up on an international charter or GA flight seems squishier. http://www.canada.eaachapter.org/FLYING%20TO%20and%20FROM%20... The process seems to be that you schedule an ETA, taxi to a CBP station and wait there until a CBP officer arrives.
On the other side of it, it looks like CANPASS would let you land in Canada even if the CBSA station is closed...
https://www.ecfr.gov/current/title-19/chapter-I/part-122/sub...
https://www.southernborder.org/100_mile_border_enforcement_z...
About 213 million people live in this zone, so 2/3 of people in the USA. So I guess the 4th amendment doesn't actually apply to most US citizens?
[0] ^f Supreme Court: https://forumtogether.org/article/explainer-u-s-border-patro...
The 100 mile zone is a good example - that 100 mile zone assumes the entirety of the great lakes is international waters, even though Lake Michigan is 100% American Territory and over 300 miles long. So, you could be in a landlocked county of Indiana, and be harassed by the federal government for being in a border zone.
Whats to stop someone from saying, the entire Mississippi river and its tributaries are a border zone? With that you could get 80% of the US population into the border zone.
By enabling some "rule based" decisions that skirt the constitution, you enable a legal mechanism for constitutional rights to be violated without any legislation.