The Fourth Amendment to the United States Constitution - Essay Example

One is always treading upon a slippery slope when one seeks to point to a specific amendment to the Constitution as the most important, it will be the understanding and argument of this author that the fourth amendment to the United States Constitution is the cornerstone of nearly all rights and freedoms that a free and democratic society can offer; by extension, delineating it to be the single most important amendment. At its most basic form, the fourth amendment to the United States Constitution seeks to protect individuals from unreasonable searches and seizures.
This is done by requiring a specific search warrant before any such searches or seizures are performed. In such a way, the power of government officials to harass and/or infringe upon what the founders saw as the “fundamental” and “innate” rights of mankind is severely restricted.
Firstly, it must be understood that regardless of what type of economic situation the given country ascribes to, and even regardless of the particular political situation that may exist within its boundaries, the restriction of government from being able to stop and search an individual without any type of probable cause or warrant violates the very most basic forms of human rights and democratic ideals by which a free and open society is ultimately founded upon (Cady, 2012). Taking this example and the present era, or the recent past, it can easily be determined that the fourth amendment the United States Constitution provides a level of protection for the individual, his/her papers, and personal effects, that many nations have not traditionally respected (Leong, 2012).

Yet another reason why the fourth amendment to the United States Constitution can and should be considered as the most important is concerning the fact that the prior amendments, and subsequent amendments for that matter, would make little if any sense if there was not a level of guaranteed protection for the personal facts, documents, and persons that were subject to search. What is meant by this is that the freedom of expression would necessarily be negated if any individuals that expressed an alternate view to whatever political party or power was in control at that time were summarily searched and harassed, the entire fabric of an understanding of why the freedom of speech was important and should be appreciated would necessarily evaporate (Harr, 2012). Similarly, the right to own and bear arms would have little if any merit if, and all non-owners worsen merely harassed and searched by law enforcement officials at every juncture.

The same can of course be applied to the rights of African-Americans or women to vote, the same could be applied to freedom of assembly and/or freedom of religion. Every amendment of the United States Constitution is predicated upon the belief that the United States government will not retaliate against a specific group of individuals for the exercise of their rights (Robinson, 2004). By constraining the level and degree to which government and/or law enforcement officials can target and search specific subsets of individuals, this particular amendment provides a very broad level of freedom concerning the fabric and foundations of the Republic.

Although it is not the intention of this analysis to set the United States apart as the best country on Earth or seek to define it in glowing terms of enthusiasm, it must be understood that the restriction of the power of the federal and state governments, notated within what amendment, is not a restriction that is sometimes interpreted by democratic societies wrongly as such societies choose to err on the side of giving the government too much power at the expense of the civil rights of the individual citizens/societal members. In such a way, the 4th amendment to the United States Constitution helps to set the United States apart and delineate the specific powers that the government can and cannot exercise; as well as how such powers should be exercised if a search warrant is needed/required.