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What Trump Can Teach Us About Con Law

The 4th Amendment and the Border

What Trump Can Teach Us About Con Law

Roman Mars

Government

4.74.2K Ratings

🗓️ 25 January 2018

⏱️ 19 minutes

🧾️ Download transcript

Summary

The Fourth Amendment says that “The right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches, 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.” But at the border, warrantless searches are OK, even when it comes to our digital devices. With Trump's focus on the border, this is becoming a bigger deal.

Transcript

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0:00.0

January 16th, 1920 was your last chance to buy a legal drink in the United States.

0:06.0

Bars and restaurants held wakes and passed out miniature coffins.

0:10.0

On January 17th, at 12.01 a.m. the 18th amendment went into effect and the Federal

0:16.1

Volstead Act would give law enforcement officials the power to enforce

0:19.8

prohibition. The New York Times reported then that Americans cheered the final moment of a moist

0:26.5

United States. This was the beginning of Prohibition. We were officially a dry country.

0:31.6

But we weren't really.

0:34.0

Prohibition made liquor sales and distribution illegal,

0:37.0

but it didn't stop people's thirst.

0:39.0

And in fact, you can think of the 18th Amendment to the Constitution, which said that the manufacture,

0:45.4

sale, or transportation of intoxicating liquors in the country was prohibited,

0:50.9

as a change to our Constitution that created an entire criminal

0:55.0

underworld. That underworld depended on the smuggling of liquor

0:59.0

across the border.

1:00.0

President Hoover commissioned a lengthy report to address what to do about the enforcement of prohibition laws.

1:06.0

The final report published in 1931 was officially known as the National Commission on Law,

1:12.8

Observance and Enforcement, but it's also known as the Wickersham

1:16.2

report, after its chairman, George Wickersham.

1:19.3

He'd been the attorney general under President Taft.

1:22.4

The report made it clear that there were serious problems

1:25.0

with enforcing prohibition. Liquor was being smuggled from across the border from everywhere.

1:31.5

The report observed, transportation is by land, by water, and by air.

...

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