As American citizens, we have always been told that the United States of America is the home of freedom. But is it really?

The Constitution of the United States is, of course, the foundation of our entire governmental structure. The Bill of Rights refers collectively to the first ten amendments to the United States Constitution, the purpose of which was to protect the natural rights of life, liberty, and property. These amendments limit the government’s power in judicial and other proceedings.

The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures by the government of their persons, homes, documents, and effects, without probable cause and a search warrant.

The Fifth Amendment to our Constitution states that the government cannot deprive a person of life, liberty, or property, without due process of law. Fundamental to due process is adequate notice and the opportunity to be heard to defend yourself in court.

Unfortunately, our constitutional rights are being eroded by federal laws that violate the Constitution. Consider the most recent legislation, the National Defense Authorization Act. On December 31, 2011, President Obama signed into law the National Defense Authorization Act. The 2012 version of this Law contained a controversial section, presumably intended to deal with terrorists, which now gives the president authority to detain a person indefinitely without trial, if they are suspected of terrorism. Many believe this provision is unconstitutional.

President Obama issued a “signature statement” when he signed the bill into law, saying he would not authorize the indefinite military detention without trial of US citizens. However, the definition of “covered persons” in the Act does not specifically exclude US citizens, which has generated quite a bit of debate.

A pattern of unconstitutional federal legislation began in earnest with the PATRIOT Act, which was passed on October 26, 2001, a month and a half after the terrorist attacks of September 11, 2001. The PATRIOT Act has essentially eroded the constitutional rights of the create a broad definition of domestic terrorism, defining it as acts committed in the United States that appear to be intended to influence government policy through intimidation or coercion or to intimidate or coerce a civilian population. . This means that many groups that engage in nonviolent civil disobedience, for example the Occupy Wall Street protesters, could possibly see themselves labeled as terrorists.

In addition, the PATRIOT Act violates the due process clause of the Fifth Amendment by allowing non-citizens to be detained without charge and held indefinitely once charges are filed. The law also violates individuals’ Fourth Amendment right to be free from unreasonable government searches and seizures by allowing federal agents to write their own search warrants if they suspect someone is a terrorist. They can monitor a person’s library and bookstore records, search property and computers, intercept and monitor a person’s email, and gain access to a person’s financial and educational records, all without notice.

The way the PATRIOT Act was passed is also troubling. Former Attorney General John Ashcroft told the House and Senate Judiciary committees that the Patriot Act was so important that they did not have time to read the statute before they could vote on it. Most of the congressmen didn’t even read it, and those who did had fifteen minutes to read three hundred and fifteen pages. So, with no floor debate, the PATRIOT Act passed with two dissenting votes.

Since then, the TSA has been violating people’s privacy rights against unreasonable searches and seizures at airports. New nude body scanners are installed at many airports across the United States. These scanners can not only see through clothing, but no one really knows the potential health risks of the radiation that people are exposed to. Anyone who does not consent to the body scan is subject to a full body pat-down, which many people experience as the equivalent of being sexually abused. There have been many complaints and lawsuits against the TSA.

Some people may think that if this is what it takes to be safe and secure from danger, they are willing to accept these government intrusions. But we must remember, our Constitution was written for a reason, to protect our rights from being violated. Once we lose respect for our Constitution, how long will it be before we are another Cuba or Nazi Germany? That’s not the kind of place most of us would want to live.

We all want to feel safe, but perhaps we as American citizens are so used to having the privilege of living in a free country that we have begun to take our freedoms for granted. We assume that we will always have our freedom and that it will never be taken away from us. But that, in fact, could happen if we don’t begin to respect our Constitution, the rights it explicitly protects, and demand that they not be violated.

Judge Napolitano on the Patriot Act: YouTube video at http://www.youtube.com/watch?v=9zKwwyZjWuw