Liberty receding in the wake of non-judicial government search and seizure
Federal, state and local governments in America are abusing their search and seizure power through the use of “administrative subpoenas” – with no court proceedings at all. This is a bigger threat to liberty than most conservatives realize, and ought to be on the agenda for the next presidential election.
The law of search and seizure is very related to the ebbs and flows of freedom in history, which is why it is time to reclaim the Fourth Amendment. In the big historic picture, administrative subpoenas are the latest form of attack on liberty. They were created by the FDR regime specifically to put commerce under the fearful thumb of the federal government, and have been used to intimidate and silence critics of government. But that is merely repeating the history of attacks on freedom using the search and seizure process, which has gotten more dangerous as the administrative state has expanded.
17th Century English jurist Matthew Hale, who influenced English jurists Coke and Blackstone (who influenced the Framers), and whose History of the Pleas of the Crown was published posthumously in 1736, wrote that search warrants are a judicial act. The separation of powers is historically inherent in the Fourth Amendment, and administrative subpoenas are an institutionalized violation of that Bill of Right because they allow bureaucrat to issue their own warrants in violation of the separation of powers and without probable cause.