Free Essay

Constitutional Distortion

In: Social Issues

Submitted By goodspeed698
Words 1213
Pages 5
Has Constitutional Distortion Become Common Practice in the Mexican-American Border region?

The Unites states has implemented permanent Inland Immigration Checkpoints on all major roads leading away from Mexico in the southern states. Are these checkpoints Legal? Can you refuse? What are your rights? Does the law agree with them? These questions are important and mostly left unanswered. The research shows a major dividing line between literal interpretation of the fourth amendment, and the government’s insistence on distorting the constitution, vital to ensureing our national security.

Inland immigration checkpoints provide a vital role in ensuring the safety of the United States. Their existence although a minor inconvenience to many motorists, is crucial in stopping the trafficking of drugs and illegal immigration. The U.S. Border Patrol, a component of the U.S. Customs and Border Protection (CBP) agency, a part of the Department of Homeland Security (DHS), aims to apprehend persons who illegally enter the United States between official ports of entry, including potential terrorists, aliens, and contraband smugglers, thereby deterring or stopping illegal activity.(DHS 2012). The Supreme Court first approved of law enforcement roadblocks in a case involving the Border Patrol’s practice of stopping traffic on major highways to prevent the trafficking of illegal aliens. (U.S. v. Martinez-Fuerte). The Court also first introduced the idea of a balancing test for roadblocks here. The Court found that the federal government had a strong interest in securing the nation’s borders, that the roadblock was an effective way to determine whether vehicles contained illegal immigrants, and that the roadblock was neither excessively intrusive on privacy rights nor disruptive of traffic flows. Today the Border Patrol uses a set of Supreme Court precedents to defend their actions at inland immigration checkpoints.

Is the constitution being distorted in the border region? Inland Immigration checkpoints have become a common existence within 100 miles of the Mexican border. These checkpoints are used to catch “illegal Immigrants” although they are used to catch drug traffickers and other non-immigration related violations. Shan Patel writes that individualized suspicion not needed for fixed road checkpoints, the Supreme Court ruled in (Martinez- Fuerte) that the government’s interest in protecting a 2,000 mile border was great and that the stop of a person’s vehicle was a limited intrusion and lasted a very short time. (Patel, 2007) Despite holding the legality of checkpoints for immigration checkpoints the Supreme Court has continued to require reasonable suspicion (Patel, 2007). The Arizona ACLU (American Civil Liberties Union of Arizona) has highlighted twelve separate incidents over the past 15 months at six different Inland Arizona Immigration Inspection Checkpoints (Lyall, 2014) The ACLU highlights fears that people who are exercising their right to free and uninhibited travel are being discriminated against by the border patrol. The ACLU also highlights cases where Hispanic American citizens are being especially scrutinized. A Private news corporation (Think published an article highlighting fear among illegal immigrants who have been living in America in the border region. These Illegal Immigrants often have Children who were born in the United States and are legal citizens despite their parent’s illegal status. Many of these families live between a checkpoint and their kids schools, and schools are reporting in some places a 35 percent drop in attendance, because parents are afraid to commute to school to drop off their children. (Lee, 2013) The State of Texas has causes controversy by implementing Operation Linebacker, local law enforcement officers were stopping motorists and after asking for license and registration citizens were being asked if they are American citizens. (Rodriguez, 2008) Local law enforcement has both denied the claims as well as stated that what they are doing is necessary to secure the border region. How did things get to be this way?

The radical views on this topic are as follows. The last 30 years of Supreme Court case precedents relating to road blocks have not helped. The legal wording of when you can and cannot stop cars on the interstate is up to interpretation. The first act restricting immigration started in 1875 contained search and seizure provisions and guidelines. (The act of Mar 3, 1875 ) On August 7, 1946, Immigration officers were first empowered to conduct warrantless searches within reasonable distance (100 Miles) from the border. (act of Aug. 7, 1946 ). Today we find that the laws regarding inland border checkpoints are confusing and clashing within themselves, precedents appear to step on the toes of each other, with immigration enforcement officers applying the laws to fit in their favor rather than in accordance with actual decisions.
Travelers may be so stopped in crossing an international boundary…But those lawfully within the Country…. Have the right to free passage without interruption or search unless there is known to be a competent official authorized to search, (and) probable cause for believing that their vehicles are carrying contraband or illegal merchandise. (Hakes, 1977 )
So where are we today? Well today there are 33 permanent checkpoints operated in the southwest sector states. (Stana, 2005) Today the ACLU has a list of recommendations for what you are allowed to do at these Inland Immigration checkpoints. Refusal to answer any questions at the Border checkpoints does not give probably cause for a secondary search. Videotaping agents is your right even at checkpoints, you do not have to answer questions relating to your status as a citizen. (Lyall, 2014)

Today your experience with an Inland border checkpoint could go in a number of ways. You could simply comply and most likely you will be waved through, you could refuse and the outcome may still be the same. If you refuse you should be prepared for a variety of outcomes, you may be waved through, or you may be asked to pull into a secondary inspection. There is a growing trend of civilians recording their interactions with the border patrol, and then posting the resulting interactions online for others to see. Often these videos are less than ten minutes with most agents giving up or becoming frustrated with the drivers when the driver forces the agent to make a decision to detain the driver or let them go. I think that this kind of civil disobedience highlights the inconsistencies in the border patrols operating procedures and it highlights a much greater issue: The Lack of a Definitive Supreme Court prescient pertaining to mandatory Inland Border checkpoints.

Bibliography act of Aug. 7, 1946 . (n.d.).
Hakes, R. A. (1977 ). Constitutional Law- Fourth Amendment- Immigration Checkppints Stops for Questioning Are reasonable Without Individualized Suspicion . BYU Law Review .
Lee, E. Y.-H. (2013, September 27). Think Progress. org Spate of south texas police checkpoints incite fear among immigrants . Retrieved from Think Progress. org .
Lyall, J. (2014, january 15). RE: Complaint and request for investigation of abuses at U.S. Border Patrol Interior checkpoints in southern Arizona . Arizona : ACLU .
Patel, S. (2007). Per se Reasonable Suspicion: police Authority to stop thoes who flee from road checkpoints. Duke Law Journal, 1621-1651.
Rodriguez, A. J. (2008). Punting on the Values Of Federalism . Columbia Law Review association, INC , 1226-1267.
Stana, M. R. (2005). Avalable Data on Interior Checkpoints Suggest Differences in Sector Performance. . Whashington DC. : Govenrment Accountability office .
The act of Mar 3, 1875 . (n.d.).

Similar Documents

Free Essay

Ted Hughes Essay

...Full Bright Scholars • This poem is about when he first saw Plath • Use of first person, draws us in. painstaking his own memory • "Where was it, in the strand? A display"- Questioning his memory. • "A picture of that year’s intake....."- Follows up with a series of statements. • "You" become the addressee • Very tightly Structured • Veronica Lake- actor • "Your Veronica Lake bang. Not what it hid"- Plath had a scar on her face • "It was the first fresh peach.....- returns to his own memory for the day. remembers an image • "It would appear blond. And your grin........"- change of tone • Events, feelings of memory are filtered by perspectives • "Was it then I bought a peach?"- England was coming out of the war, fruit was imported. • 1955- Plath arrived in England with a scholarship to Cambridge • She wanted everything to be perfect= writing. *Last four lines are structured around Powerful, alliterative, central imagery. The poem moves from uncertainly to certainly. • This poem is a formal address to Plath. eg Letter, Journal • Plath is the all American girl, capable, confident • Memory forms our perspective. memory is a partial truth • We only remember what is important. Therefore what memory we find is a partial truth • Photographs are also a perspective. They are often limited and distort. • In a photograph, it presents a mask, distorting the truth, perpetuating a perspective (happy and untroubled) • An essence, we don't really know what is hidden...

Words: 440 - Pages: 2

Free Essay

Factors That Distort Performance Appraisal

...the employee could improve for the benefit of the business. Even so, performance appraisals have a major flaw in that they are not completely objective. Six major factors cause distortions in performance appraisals. 1. Stereotyping * People usually can fall into at least one general category based on physical or behavioral traits, and performance evaluators sometimes let stereotypes associated with those categories sway their employee appraisals. For example, a boss might assume that because many Asians excel, an Asian worker who doesn't meet a performance objective simply isn't working hard enough, even if the worker tried his best. Similarity * Often, people tend to seek out and rate more positively those who are similar to themselves. This tendency to approve of similarity may cause evaluators to give better ratings to employees who exhibit the same interests, work methods, points of view or standards. A major problem with this cause of distortion is that it can stifle innovation in a company, as "different" people must struggle to rise in the ranks. Leniency * Leniency, sometimes referred to as inflation, is the tendency of evaluators to give employees higher marks than deserved across the board, usually because of the desire to avoid conflicts. The issue with this distortion cause is that a person's qualifications and successes are misrepresented, with sometimes undeserving individuals getting pay raises and other perks. Related to this concept......

Words: 1168 - Pages: 5

Free Essay

What Faith and What It Isnt

...Paul Tillich addresses faith on what is and what it isn’t. One way for me to really understand a concept is to fathom what the concept is not. Combing through the course reading I was able to accumulate what faith is not from 3 key distortions Tillich brings out about faith. In the Intellectualistic Distortion of faith he says, “The most ordinary misinterpretation of faith is to consider it an act of knowledge that has a low degree of evidence”. From this concept I gather that many deduce faith down to merely having a cerebral belief or knowledge, rather than faith itself. Trust in an authority is one way a person can gain knowledge of faith. Many will accept a proposition as faith given by an authority such as a minister or pastor with little to no evidence. Oftentimes our trust in an authority would be just enough to believe. Without this trust we hold for good authorities, our awareness and perception would be significantly smaller. With that said, acceptance of a proposition validated from an authority is not faith. Tillich barrows from Thomas Aquinas who states “the lack of evidence which faith has must be complemented by an act of will. This describes the sentiment of the second distortion called the Voluntaristic Distortion. This speaks of one having the will to believe as the basis and only that. I think that many people hinge their faith on moral interpretations of religion by creeds and commands. Commanding...

Words: 948 - Pages: 4

Premium Essay


...Assignment 1.1 Chart one Who was the sender? Friend |   | Who was the receiver? Myself |   | What was the message? To meet up at southland mall at 7pm in the parking lot. |   | What channel was used to send the message? Verbal channel was used |   | What was the misunderstanding that occurred? The miss understanding happened during the decoding process |   | How could the misunderstanding have been avoided? The miss understanding could have been avoided if I would have paid more attention to the end portion of the message. |   | 1. What did you learn about the communication process from this activity? What I learned about the communication process in this exercise is the complexity of the communication process steps. Every step is important to the complete success of the message leaving the sender and arriving to the receiver. In this example the message was distorted by distractions or noise that cause me to miscode the message during the decoding process. 2. What seemed to be the main causes of the misunderstandings? The main causes of the misunderstanding was the fact that I was excited and in a hurry to meet up with my friend that I didn’t pay enough attention to the details of the message and missed understood. Chart Two Who was the sender? Myself |   | Who was the receiver? Coworkers |   | What was the message? Grab large packages off the belt before they jam in curb. |   | What channel was used to send the message? Verbal......

Words: 380 - Pages: 2

Premium Essay


...Defensive behavior, in short, engenders defensive listening, and this in turn produces postural, facial and verbal cues which raise the defense level of the original communicator. Defense arousal prevents the listener from concentrating upon the message. Not only do defensive communicators send off multiple value, motive and affect cues, but also defensive recipients distort what they receive. As a person becomes more and more defensive, he or she becomes less and less able to perceive accurately the motives, the values and the emotions of the sender. The writer's analysis of tape recorded discussions revealed that increases in defensive behavior were correlated positively with losses in efficiency in communication.(1) Specifically, distortions become greater when...

Words: 562 - Pages: 3

Free Essay

Andre Kertesz

...Distortion Master A Hungarian born photographer, Andre Kertesz, is known for his innovative collection of photojournalism that first began to fully develop in Paris. His collection named Distortion came to be discovered and developed when Kertesz photographed a man swimming underwater. This photo named Underwater Swimmer taken in 1917, more than slightly distinguishes what his distortion collection consists of. As seen in the photo the water morphs the body; some parts are enlarged, for example the swimmers shoulders and others are not as seen from the waist down. This un-proportional effect caused by the water developed his ideas of what and how he came to create his series of distorted photographs. In 1933, Kertesz began to work for a magazine called Le Sourire. Le Sourire was a “magazine known for its piquant illustrations of undressed girls” (Andre 18). That today would be considered a playboy type of magazine. Kertesz approached this task by photographing nude women but transformed the photos into distorted photos. He did this by using fun house mirrors to provide him the effect he wanted to convey though his photos. The fun house mirrors shifted the body, stretched, squeezed, and of course distorted it. The photograph that best exemplifies his distortion collection is Distortion #70. As mentioned before these photos were taken for a nude magazine. So, here all you see is a woman’s breast and much of her torso when you first look at it. The model’s face is morphed......

Words: 1143 - Pages: 5

Free Essay

Modern Trends and the Local Traditions

...Student’s Name Professor’s Name Course Date Modern trends and the local traditions What is the thesis statement of the essay? The arrival of the modern attitudes and the movement is characterized by the gradual shift in the subject matter, application of the new styles and most importantly the change in the outlook of the artists in looking onto the arts. The visible signs of the modification are depicted by the tastes of the artists to distort, exaggerate, or eliminate selectively specific parts for the common or normal existing forms or to deviate from the established style in the work based on the realism. However, the school of realism unlike elsewhere has had a relatively short history and remains impressive and powerful (Nepali Art 147). This has taken roots especially with the arrival of the two pioneers Tej Bahadur Chitrakar and C.M Mackey with the art education of the western in Calcutta. How the thesis statement is supported by the arguments and major points In the context of the Nepali art, since the ancient times to present, Kathmandu Valley has in many cases remained a hub and the center of all the creative exercise of the entire country. With the emergence of the modern western education on art, Lainsigh Bandel, who is a domicile Nepali from the Darjeeling hills in India having no roots in the valley of Kathmandu when he appeared when he make an appearance with the distorted forms of humans described as the inspired form the past impressionistic......

Words: 570 - Pages: 3

Premium Essay


...portraiture. His base layer of paint consists of more typically know skin colours (e.g. brown and cream tones). However, colours such as green, yellow, pink, orange and hints of blue overlap this layer using more vigorous strokes. While exploring this technique, I also came to realise that Paul Wright also uses a range of tones for example very light green in some areas compared to very dark green in others. His brushstrokes are dynamic and rich in energy that generally imitate the outline of features of the face. The size of his strokes vary, with smaller ones near delicate features such as the eyes compared to large, less restricted strokes for the hair. These were the first steps I took in exploring the relationship between portraiture and distortion. At this stage I am mainly looking at the technique used to create a distorted image, rather than the photograph itself. Born in 1971 in Devon, Russ Mills graduated from Leeds Met University in 1995 after completing BA in Graphic Art and Design, specialising in Experimental Film and Animation. His current work is a clash of styles from pop sureealism to focusing on the human form and elements of nature....

Words: 421 - Pages: 2

Premium Essay

How to Deal with a Client together”. There are phrases, which are cognitive distortions in client’s speech. They are: “My daughter never comes to visit me”, “I am totally on my own”, “I will never get over it”, I have failed in all aspects”, “Everyone at the streets…”. These phrases have many sings of distortions, such as magnifications (I am totally on my own, I will never get over, Everybody at the streets seems to know that I have failed as a mother, my daughter never comes to me); generalizations (never, totally); all or nothing thinking (I will never get over it if…); emotional reasoning (I feel so out of place, I’m beginning to think they are avoiding me, Don’t you think that a mother deserves more than this?); labeling and jumping to conclusions (my daughter probably think I don’t care); and making an accent on negative. These cognitive distortions are not based on real facts. They exaggerate negative sides of the problem and speak nothing about the good points. At the same time it is necessary to remember that these distortions make the part of core cognitions of the client and make a part of her picture of the world. She does not realize negative effect of these cognitions and the task of the councilor in this case is to help the women to recognize these ruining cognitions. In our case we must acquire our client with cognitive distortions, which are presented in her way of thinking. In the most of the cases these distortions are not recognized by the client and we should put......

Words: 1601 - Pages: 7

Free Essay

Personal Theory of Counseling

...situation. As stated in the Corey (2009) text, I believe that people with emotional difficulties often times tend to “commit characteristic logical errors that tilt objective reality in the direction of self-deprecation” (p. 288). Through my own therapy experience I came to understand the connection between my thinking, my feelings and my actions. I learned to identify distorted thinking, engage in realistic thinking, and to employ problem-solving and coping skills. This method helped me through my own difficult times and therefore I know it works and would like to help others through its use. View of Human Nature People possess faulty beliefs and maladaptive information processing (automatic thoughts) which can lead to cognitive distortions and depression (Chadwick, 1994). In cognitive therapy clients learn to identify these distorted cognitions through evaluation. Corey states (2009) that once clients gain insight into how these unrealistically negative thoughts affect them, their feelings, and behaviors; they can begin to “use their automatic thoughts to reach the core schemata and then begin to introduce the idea of schema restructuring” thus easing the depression (p. 288). Key Tenets Cognitive therapy is based on three tenets: (1) you feel the way you think, (2) thoughts are dominated by a pervasive negativity, and (3) negative thoughts related to depression are almost always irrational and distorted. Therapy includes the recognition and...

Words: 1489 - Pages: 6

Premium Essay


...Accounting The Codification — Do You Have All the New Topics, Subtopics, Sections, Subsections, and Paragraphs Memorized?In July 2009, the Codification became the single source of authoritative nongovernmental U.S. GAAP. The Codification’s hierarchy is topic, subtopic, section, and paragraph, in that order, each with a numerical designation (e.g., ASC 810-10-25-37, which was formerly paragraph 6 of Interpretation 46(R)). ASU 2009-17 incorporated Statement 167’s amendments to the VIE model into the Codification. The beginning of each section of this Roadmap contains quotes from the appropriate Codification paragraphs. In addition, for those of you still trying to find your way through the Codification, we thought it would be helpful for each Codification paragraph to be followed by a reference to the corresponding pre-Codification paragraph from Interpretation 46(R), as amended by Statement 167. Although ASC 810-10-55-37 (paragraph B22 of Interpretation 46(R)1) might not roll off your tongue like “B22 of FIN 46(R)” used to, the Codification is here to stay. However, we suspect that just as there are probably a few accountants who are clinging to their last version of the FASB’s Original Pronouncements (we know you are out there!), there are some that might need a little help finding the new VIE guidance in the Codification. Accordingly, Appendix D of this Roadmap includes a guide that cross-references the paragraphs from ASC 810-10 to the guidance in Interpretation 46(R), as...

Words: 295 - Pages: 2

Free Essay

Absolute Monarchy Paragraphs

...Absolute Monarchy Paragraphs What would it be like to be the queen and rule an absolute monarchy? I feel it would be the best to be the queen and have all the say. An absolute monarchy would be best as no elections have to take place. Being the leader of an absolute monarchy means you have no one to answer to. Lastly, an absolute monarchy would be best because the leader can charge as much tax as you want because you are in charge. Being the leader of an absolute monarchy means I don't have to call for an election because there is no such thing. Elections take a long time to arrange and process the votes but when I am in charge we would never need an election. Many monarchies have been abolished to this day. I would have all the say in any decision made to deal with a country and it's citizens. If someone wanted to lower the taxes I would have the only decision made and I would not consult anyone else about the matter. I wouldn't need to take opinions from others as I make the decisions without getting others opinions and views on the situation. As the ruler of the absolute monarchy I would have the most wealth. I could make the taxes as high as I wanted to because it is my decision. I would be able to charge the citizens whatever amount I want because I am on top and have all the wealth. In conclusion, being the leader of an absolute monarchy means you have all the power. Having no elections, being the wealthiest and making all the decisions without anyone's impute...

Words: 342 - Pages: 2

Free Essay


...Memorandum To: Professor Robert Woods From: Danielle Anderson, Student Date: [ 2/23/2012 ] ------------------------------------------------- Re: Business Ethics in GM410 Professional Communication Class at Keller Graduate School of Management Confidential I was impressed by learning about business ethics and how it impacts the world. If companies don't have good business ethics, it can damage its reputation. In class, you demonstrated a video about business ethics and how people showed unethical behavior while working. I have two articles that support how businesses exercise unethical practices. The articles Clegg orders into racism by banks; Black businesses denied loans or pay high rates and Ethics in Nigerian banking are similar in terms of violating banking regulations, but they differ in form of governments. What I had learned from these two articles is that banks are not trustworthy with our needs and assets . In the United Kingdom, Nick Clegg ordered a federal investigation against British banks to see why minorities can't obtain loans. If minority applicants were approved for bank loans, they will receive a higher interest rate than Caucasian entrepreneurs. What happen to the Equal Credit Opportunity Act? In this case, The United Kingdom is a democracy and all people have equal rights. By using tax money, minorities and white people help the government bailout the Britain Banks. Therefore, all people should be treated equal. Another critique that I......

Words: 536 - Pages: 3

Free Essay

1 Malaysia

...1 Malaysia, What is it? What is 1 Malaysia? 1 Malaysia is an ongoing program that the government has spent RM38 million on to promote this concept. 1 Malaysia is not a new concept nor is it a new formula, but it is the ultimate goal for national unity. 1 Malaysia has already been the main vision of every single prime minister even before our current prime minister, Najib Tun Razak. In other words it is a propaganda tool to unite the country. 1 Malaysia consists of 8 values which is Integrity, Education, Meritocracy, Loyalty, Acceptance, Humility, Perseverance, and Culture of Excellence. As of 16 September 2008, Our 6th prime minister Najib has taken a big step forward by making the vision of 1 Malaysia from and idealistic to a realistic. Since independent, national unity has been made top priority and unity in education, culture, socio-economy, political and regional. The 1 Malaysia concept according to Najib is “We stand, we think and we act as Malaysians. And we take actions based on the needs of all ethnic groups in our country.” The government is taking a lot of actions in regards of 1 Malaysia such as having a lot of 1 Malaysia campaigns such as “One Malaysian Ride for Education, Unity walk background, Cuti-Cuti Satu Malaysian” so on and so forth. Not only having campaigns but the government has also opened a shop named Kedai Raykat Malaysia. We have clinics for 1 Malaysia such as Clinic 1 Malaysia, and we also have 1 Malaysia privilege...

Words: 259 - Pages: 2

Premium Essay

Should the Uk Have a Codified Constitution?

...and functions of government. Constitutions can be uncodified, like the UK’s at the moment, or codified in the case of the USA’s for example. A codified constitution is authoritative, entrenched and judiciable, everything that an uncodified constitution isn’t. On the one hand there are many arguments supporting the view that the UK should adopt a codified constitution. If a codified constitution were introduced, the key constitutional rules would be collected together in a single document, and they would be more clearly defined than in an ‘unwritten’ constitution where rules are spread across many different documents. A codified constitution would create less confusion about the meaning of constitutional rules and greater certainty that they can be enforced. A second argument supporting a codified constitution is limited government. A codified constitution would cut government down to size. A codified constitution would effectively end the principle of parliamentary sovereignty and subsequently elective dictatorship. Elective dictatorship is a constitutional imbalance in which executive power is abused to allow governments to win elections. In the UK, it is reflected in the ability of a government to act in any way it pleases as long as it maintains control of the House of Commons. It would not be possible for government to interfere with the constitution due to the existence of higher law safeguarding the constitution. A codified constitution would also allow for neutral......

Words: 716 - Pages: 3