Fresh off his successful campaign to keep the House of Representatives from expanding the federal government’s power to violate the rights protected by the Fourth Amendment, Representative Justin Amash (R-Mich.) is cashing in that political capital.
As reported by USA Today on July 13:
An unusual coalition of 13 Republicans and 12 Democrats on Wednesday announced the creation of the House Fourth Amendment Caucus to protect Americans' privacy rights against calls for increased government surveillance in the wake of terrorist attacks.
The group named itself after the Fourth Amendment because the lawmakers fear that the government is increasingly seeking the power to search Americans' electronic data without a warrant. They see that as a threat to the Constitutional amendment's protections against unreasonable searches and seizures.
“A caucus dedicated to defending Americans’ Fourth Amendment-secured rights is needed now more than ever, and its formation illustrates the growing awareness among the American public and their representatives in Congress of the far-reaching implications of the surveillance state,” Amash said in a statement. “In the face of difficult circumstances, some are quick to pursue extreme, unconstitutional measures; the Fourth Amendment Caucus will be a moderating influence that gives voice to countless Americans whose rights are violated by these ill-conceived policies.”
The libertarian-leaning congressman joined Representatives Zoe Lofgren (D-Calif.) and Ted Poe (R-Texas), who formed the caucus that officially launched at an event held on Capitol Hill on July 13.
At the meeting, Lofgren and Poe made statements setting out the purpose of the formation of the caucus and the impetus for its creation.
“Members of the House of Representatives from both parties are eager to debate and vote on privacy and surveillance issues that are far too often drafted in secret and jammed through the legislative process under tight deadlines, restrictive procedures, and little debate,” said Lofgren. “From shutting the backdoor on warrantless spying to leading efforts to protect privacy, this Fourth Amendment Caucus gives members a new, nonpartisan forum for ideas, organization, and strategy as we fight to protect the Constitution and the American people.”
“As technology continues to evolve and improve, Congress must ensure that the Fourth Amendment rights of citizens are protected,” said Poe. “Technology may change, but the Constitution does not.”
One of Amash’s colleagues in the caucus is his friend and fellow constitutionalist Representative Thomas Massie (R-Ky.).
"Congress has passed, and continues to pass, dangerous legislation without regard for our Constitution,” Massie said. "The Fourth Amendment Caucus presents a nonpartisan opportunity to discuss ways to protect our right to privacy.”
Given the role that rebellion against the unreasonable, unwarranted searches and seizures by government played in igniting the spark that lit the fires of armed resistance in America and the American Revolution, it is remarkable that that liberty now is so threatened that there is a caucus — a small caucus — of congressmen who feel compelled to unite to protect the right not to be subject to such official actions.
James Otis is a name that is almost completely forgotten by contemporary Americans, but he was once the most famous lawyer in the colonies, and it was his renowned recrimination of unreasonable searches in Boston that earned him fame and influenced his countrymen to resist the tyranny of these deprivations.
At a trial challenging the constitutionality of the General Writs of Assistance, Otis spoke eloquently and persuasively in favor of freedom from the unreasonable searches being carried out by 18th-century government agents:
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