Tinfoil Tuesday: Supreme Court says ‘Unconstitutional’ but Congress says ‘Mandatory’

April 24th, 2012

I don’t know why I ever report good news from the State. Just when you think justice has struck even a small symbolic blow against the relentless march of petty tyrants and bureaucrats. Not long ago we reported on a Supreme Court decision that would require law enforcement to get a warrant if they wanted to plant a GPS tracking device on your car. A small but important victory. But now it seems that congress has completely ignored that decision and mandated that all new cars be equipped with data-recording “black boxes” just like aircrafts.

Senate Bill 1813 has been dubbed the “Moving Ahead for Progress in the 21st Century Act” or the “MAP-21 Act.” It requires “Mandatory Event Data Recorders” to be installed in all new cars starting in 2015, and legislates for civil penalties against those who fail to do so. It already passed in the Senate and the House is expected to approve the bill soon. No discussion. No debate. And most importantly, no deference to this Supreme Court decision made just 3 months ago. Does Congress just not read? They don’t ? What the hell is going on here? The highest court in the land rules that planting recording devices on our cars violates the 4th Amendment, and next thing you know Congress is mandating that they be put on every car on the road. Can we just stop pretending that the Bill of Rights means anything to these thugs?

The Black Boxes will record and transmit data ostensibly to assist drivers in the event of an accident. But with a court order they’ll also give government access to the data. So, how long before the requirement for a court order evaporates? And since we’ve shown over and over again that law enforcement almost always asks forgiveness and not permission, how would you even know whether or not they had a court order when the data being transmitted can be intercepted without your knowledge?

The bill stipulates three scenarios where government would have access to your travel habits and location data. First, by court order. Second, if the owner consents to making it available (be sure to read that fine print). And finally, “pursuant to an investigation or inspection conducted by the Secretary of Transportation.” What’s that? An investigation and a court order are separate criterion? And suddenly the requirement for a court order evaporates. That didn’t take long.

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About the Author: Davi Barker

In grade school Davi refused to recite the pledge of allegiance because he didn't understand what it meant. He was ordered to do as he was told. In college he spent hours scouring through the congressional record trying to understand this strange machine. That's where he discovered Dr. Ron Paul. In 2007 he joined the End The Fed movement and found a political home with the libertarians. The Declaration of Independence claims that the government derives its power “from the consent of the governed." He does not consent.