US Border Patrol: Absolute Unconstitutional Power

I'm a 24 year old libertarian, born and raised in NH and on a Memorial Day weekend trip to the White Mountains in Northern NH, heading north on I93 I noticed traffic stopped up ahead on the southbound lane between exits 30 and 31(roughly 80 miles from Canada). Upon passing I observed 6-7 US Border Patrol pickup trucks and SUVs accompanied by a utility style box truck (think Fed-Ex or Ups) outfitted as a mobile command center between the north and southbound lanes. There were no state or local authorities present whatsoever. Thankfully, I was able to pass freely north but was understandably horrified and immediately handed over the blackberry to my girlfriend to research what the hell was going on. As it turns out they have been doing this here on Memorial Day for the past few years!

After enjoying a night in the mountains, we returned south down I93 and ran into traffic around exit 31. Knowing what lay ahead; I was prepared to offer them only two phrases:"Am I being detained?","Am I free to go". I apprehensively awaited my fate with my pocket constitution resting on my lap in case I needed to inform the agent of what he was sworn to protect. We inched closer, car by car to the mandatory checkpoint and well armed agents. We watched as the two vehicles in front of us were stopped, questioned and eventually allowed to pass. Noting the empty car pulled over and tagged on the right side median, I now had a very clear picture of their true intentions. I pulled forward to the temporary stop sign and lowered my window about an inch to speak to the agent. To my astonishment, the agent looked in the car, and allowed us to pass without questioning! Evidently I was not on Big Brother’s list for that particular day.

Some friends traveling home from the mountains later that day were not so lucky. They were stopped and asked “Do you all have green cards?”(All were native NH citizens). Upon a “yes” reply, the agents then asked “What do you have in the trailer?” The driver then replied “ATVs and supplies.” The agents then asked “What is the purpose of your trip?” Confused, the driver stated “We are not coming from Canada.”Annoyed, the agent barked “That is not what I asked you.” “We were four wheeling.” the driver said, stating the obvious based on the prior questioning. The driver waited for a response, but without saying a word the agent motioned for them to pass through the stop sign.

Upon returning home, I immediately began researching the subject, only to become more horrified than I previously thought possible. As it turns out, the United States Border Patrol has the right to setup check points up to 100 miles inland from its “external boundaries”. Now, if you are living anywhere farther than 100 miles from the northern or southern borders, you are probably thinking that this doesn’t apply to you. You are sadly mistaken. “External boundary” refers to both land and coastal boundaries. This means, according to the ACLU fact sheet on border patrol (http://www.aclu.org/privacy/37293res20081022.html), 197.4 million Americans (nearly 2/3 of US population) live in what the ACLU labels “The Constitution-Free Zone”. In this area (see map http://www.aclu.org/privacy/spying/areyoulivinginaconstitutionfreezone.html), law abiding US citizens are subject to unwarranted searches based on no probable cause.
The Fourth Amendment of the U.S. Constitution guarantees: 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.

US Border Patrol Agents are currently given the authority under the Dept. of Homeland Security to administer these “checkpoints” anywhere within this zone with little or no regard to our constitutional rights. Any liberty loving American can clearly see this is unacceptable in a “free” society. I do not believe it to be a great stretch to think that if, God forbid; there was another attack on this country, that the absolute power of the US Border Patrol could be called on to “secure” a large portion of the country by setting up these checkpoints in our neighborhoods. Our founding fathers did not feel secure with the redcoats setting up checkpoints, restricting travel and performing warrant less searches; this is exactly why we have our Bill of Rights. We must all take an interest in the retention of our freedoms and liberties in this country before they are washed away amidst the current political power grab by the Federal Government.

By this point you are either petrified by the situation I just outlined or you see me as a paranoid radical. I can assure you the latter is far from the truth. I am a constitutional advocate that truly believes in the values our country was founded on. The US Constitution IS and ought to remain the supreme law of the land. We should not compromise our constitutionally provided rights and freedoms based upon the fear tactics used by legislators to scare the general public into thinking that these sacrifices of liberty are necessary to be safe. Not only is the sense of security false, but it paves the way for further government intrusion into the everyday lives of our “free” citizens. This is proof that in these times of expanding government, if you give them an inch, they are sure to take 100 miles!