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OpinionJanuary 4, 2006

"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."...

Michael H. Maguire

"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."

In light of David Limbaugh's recent column, I think it important to repeat the words of our Fourth Amendment.

Shame on Limbaugh for adopting a changing interpretation of our Constitution instead of having the courage of his previous convictions where he called for strict interpretation of that document. If you look at his latest piece, he sounds at first like a person caught speeding -- who complains to the cop there were other people who were going faster than he -- when he says Bill Clinton and other presidents did it.

For him to casually suggest it is no big deal for the government to engage in spying without warrant on Americans because we have always had exceptions to the warrant rule is disingenuous. He omits the fact there is a strong history and line of cases that strictly interpret the boundaries of those exceptions. Unless expressly authorized, or established in case law, the rule is you have to have a warrant.

The argument about whether Congress authorized extraordinary powers for this situation ignores the plain language of the Fourth Amendment. The authors of the Constitution had strong feelings about the intrusion on the government into our private lives. Lest you think these are just the ramblings of a liberal, keep in mind that U.S. Sen. John Sununu, in opposing the Patriot Act as it stood for extension, quoted Benjamin Franklin, saying, "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."

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Limbaugh's complaints about the leak, calling it "nation-damaging," along with U.S. Sen. Christopher Bond's calls for prison for the source, smack of Nixonian policies during the Watergate crisis. Blow hard enough against your opponents, and maybe they will forget about your crimes. Let us thank God there are still patriots who recognize an attack on our basic civil liberties and make sure we know about it so it does not pass unnoticed.

Let us not forget that what was hidden from us is our president, without the necessity or restraint of a judicial warrant, engaged in unfettered bugging of Americans. Not only is Big Brother watching, he is here.

Limbaugh's anguish about our hampering the president in defending us against our enemies ignores this blatant violation of our basic rights.

We have committed excesses before in the name of security. It was wrong when we interred Japanese-Americans during World War II. It is wrong for Bush to illegally listen to private citizens. I hope in his quest to keep us safe the president does not turn us into that totalitarian mindset he is trying to eradicate.

Michael H. Maguire is a Cape Girardeau resident.

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