Re:The Obama Administration Has Embraced Legal Theories Broa...
by btilly on Thursday April 07, 2016 @06:46PM
(#11451305)
Article 2, section 2 enumerates some broad powers including "Commander in Chief".
Courts have long held that protections are very different at the border. For example a police officer cannot search your car without either your consent or "reasonable suspicion" of wrong-doing. But searches of cars at border crossings are common and legal.
Government policy has long been that the border is a lot bigger than you would expect. Government officers often exceed official policy, and courts have been known to rule in their favor when they do so. See https://www.aclu.org/constitution-100-mile-border-zone for some interesting stuff.
(I have personally been stopped by the border patrol many miles from the border...)
Courts have long held that protections are very different at the border. For example a police officer cannot search your car without either your consent or "reasonable suspicion" of wrong-doing. But searches of cars at border crossings are common and legal.
Government policy has long been that the border is a lot bigger than you would expect. Government officers often exceed official policy, and courts have been known to rule in their favor when they do so. See https://www.aclu.org/constitution-100-mile-border-zone for some interesting stuff.
(I have personally been stopped by the border patrol many miles from the border...)