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"Pretender" law: HR 6304 Congressional Lawbreakers Support Warrantless Physical Searches

By       Message Susan Allen     Permalink

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In the absence of three-fourths states ratification, Congress has no legal standing to pass H.R. 6304, which proposes to grant presidential powers to authorize Warrantless Physical Searches or Wiretapping in the United States. 

Thomas Jefferson  once said: 

"The last hope of human liberty in this world rests on us...  if we find our government in all its branches rushing headlong, like our predecessors, into the arms of monarchy, if we find them violating our dearest rights, the trial by jury, the freedom of the press, the freedom of opinion, civil or religious, or opening on our peace of mind or personal safety the sluices  (floodgates) of terrorism, if we see them raising standing armies, ... then indeed let us withdraw and call the nation to its tents..."

Jefferson believed it was necessary for citizens to withdraw their support from outlaws in government and formulate plans of action to set this country back on a lawful course.  Now, the majority in Congress are attempting to pass H.R. 6304 to grant G.W. Bush the right to order physical searches and wiretapping on U.S. citizens without judicial warrant, in violation of their sworn oath to uphold Constitutional law.    

Article VI of the U.S. Constitution states "This Constitution, shall be the supreme Law of the Land, any Thing in the Laws to the Contrary not with standing."   

A "Pretender law" is any law that fails to meet Constitutional Benchmarks.  Regrettably, the majority in Congress are no longer functioning as lawmakers, but instead, as lawbreakers.     

Pretender law:  H.R. 6304 Page 73:  


(a) APPLICATIONS.-Section 303 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1823) is amended-  

(ii) by striking ''Senate-'' and inserting ''Senate, or the Deputy Director of the Federal Bureau of Investigation, if designated by the President as a certifying of official-''; and  

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(2) in subsection (d)(1)(A), by striking ''or the Director of National Intelligence'' and inserting ''the Director of National Intelligence, or the Director of the Central Intelligence Agency''.   

(emphasis added)

H.R. 6304 fails to meet Constitutional benchmarks in that it violates Amendment 4, which states: 

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, 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. 

Ratified 12/15/1791. 

In addition, there is no enumeration in the Constitution that grants the president the right to violate a ratified Constitutional law.     

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Passage of HR 6304 is unconstitutional because it leaves U.S. citizens without legal protection to defend themselves against abuse at the hands of government officials.   

Here's the good news.   HR 6304 conflicts with the Constitution.  Therefore, again, in accordance with Article V, which states:

"Amendments ... shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States...,"

unless HR 6304 receives three-fourths ratification of the fifty states, HR 6304 cannot be accorded legal standing under the law. 

Police take note.     


Susan Allen, M.Ed.   

cc: District of Columbia Metropolitan Police

MA State Police  
Boston Police
Brookline Police
Newton Police
Waltham Police
United States Police Commissioners
Barney Frank
Senator Kerry
Senator Kennedy
Senator Creem
Representative Smizik
Brookline Town Meeting Members 


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H.R. 6304: Granting Presidential powers to Authorize Warrantless Physical Searches Requires State Ratification

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