Posts Tagged ‘Boston Tea Party’

The Arrest of Henry Louis Gates – Was it Constitutional?

January 11th, 2010

Bill of Rights Lessons from the Nation’s “Teachable Moment”

Public commentary on the Henry Louis Gates incident has revealed widespread popular confusion about the extent of our constitutional rights.  If ever there were a perfect moment for Americans and their police to learn more about their Bill of Rights, this is it.

Let’s start with the amazing Fourth Amendment to the U.S. Constitution, a landmark in the history of personal freedoms.  It was inspired in part by lingering American revulsion over the British Customs Act, which had allowed British forces to barge into American homes.  The American response was a little disorderly conduct now known as the Boston Tea Party.

The Fourth Amendment is bold in its clarity: “The right of the people to be secure in their …houses…shall not be violated.”   Absent “exigent circumstances,” an American’s home is a legal sanctuary beyond the reach of any police officer not armed with a warrant. » Read more: The Arrest of Henry Louis Gates – Was it Constitutional?