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ACLU on the “Constitution-Free Zone” of the United States

The ACLU has a page describing how encroachment of federal power has produced a virtual “Constitution-free zone” for American citizens — almost 200 million — living near the so-called borders of our country:

Using data provided by the U.S. Census Bureau, the ACLU has determined that nearly 2/3 of the entire US population (197.4 million people) live within 100 miles of the US land and coastal borders.

The government is assuming extraordinary powers to stop and search individuals within this zone. This is not just about the border: This ” Constitution-Free Zone” includes most of the nation’s largest metropolitan areas.

We urge you to call on Congress to hold hearings on and pass legislation to end these egregious violations of Americans’ civil rights.

These searches extend far beyond any legitimate definition of the borders of our country. Expansion of the definition of border to stretch 100 miles into America unjustifiably extends search powers that should be exceptional, and narrowly defined.

This gross assertion of power erodes the value of citizenship, and treats Americans as though they were the subjects of a vulgar, banana republic. These proposals come from citizens who value the lives of their fellow citizens too cheaply. Advocates of these search provisions are often among these most ignorant and disrespectful of the heritage of the republic in which they live.

America is no mere nation — we are a constitutional order — although advocates of greater state power are often too superficial or ill-educated to respect the distinction.

Here’s a video in which Vince Peppard, a citizen of the United States, recounts his experience of how far security over-reach has gone.


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