Body Scans: Stripping The Constitution Of Its Power

My friends know that this writer is quite hawkish regarding the war against Islamic Extremism. I supported the Afghanistan War, and I endorsed the Iraqi Liberation.

So it may come as somewhat of a surprise to some of my more hawkish friends that I find the idea and concept of body scan imaging revolting, and abhorrent to our Constitution.

Body scans clearly violate the Fourth Amendment to the United States Constitution:

"The right of the people to be secure in their persons, houses, papers, and effects, 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."

We have to look to the definition of 'unreasonable' whenever determining if a government action violated the individual's Fourth Amendment rights.

I believe a 'virtual' nude image being taken of an individual as he or she undergoes the security screening process at an airport easily reaches the 'unreasonable' threshold.

If the screener taking and evaluating the images had a warrant that was sanctioned by a Judge, then it could be deemed reasonable. Emphasis on could.

I think the security screening lines are long enough without the added complication of having each person wait while a Judge signs off on a warrant.

Even without any Constitutional issues, body scan imaging violates the individual's natural right of self-ownership. You own your body, and only you may give consent to have a nude rendering of your body photographed or scanned.

A consequence of self-ownership is the right of privacy. Some search the Constitution for a 'right to privacy', when in reality they were born with the unalienable right of privacy from the moment they drew their first breath.

No document, decree, or declaration can grant you rights you already possess.

While security is vital, we must always take care that we are vigilant in ensuring that specific measures taken to secure us, do not inadvertently strike away at our natural rights, like a hammer creating sparks against a steel rod.

My counter- proposal to body scan imaging is behavioral profiling. This technique has been utilized with success by Israeli security forces, among others.

Body scans are unconstitutional violations of the individual's natural rights.

There are far better techniques to keep both our lives, and our rights.



Copyright 2010 Ryan P. Christiano. All Rights Reserved.