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Can the 4th Amendment protect against IRS Audits?

Unless they have probable cause of a crime or a warrant, could it be argued that the 4th amendment protect against IRS Audits in Court?

My goal is to go down in the history books for getting the government to bug patch the constitution.

( 6 comments | on HN )
Re:Can the 4th Amendment protect against IRS Audits? by k310 on Tuesday April 29, 2025 @09:56AM (#43832698)
The constitution needs a more urgent patch.

Gödel's Loophole [0]

> Gödel's Loophole is a supposed "inner contradiction" in the Constitution of the United States which Austrian-American logician, mathematician, and analytic philosopher Kurt Gödel postulated in 1947. The loophole would permit the American democracy to be legally turned into a dictatorship. Gödel told his friend Oskar Morgenstern about the existence of the flaw and Morgenstern told Albert Einstein about it at the time, but Morgenstern, in his recollection of the incident in 1971, never mentioned the exact problem as Gödel saw it. This has led to speculation about the precise nature of what has come to be called "Gödel's Loophole." It has been called "one of the great unsolved problems of constitutional law" by American constitutional law scholar John Nowak

> Since the exact nature of Gödel's Loophole has never been published, what it is, precisely, is not known. In his 2012 paper "Gödel's Loophole" F. E. Guerra-Pujol speculates that the problem involves Article V, which describes the process by which the Constitution can be amended. The loophole is that Article V's procedures can be applied to Article V itself. It can therefore be altered in a "downward" direction, making it easier to alter the article again in the future. So even if, as is now the case, amending the Constitution is difficult to bring about, once Article V is downwardly amended, the next attempt to do so will be easier, and the one after that easier still.[1][2]

> Other writers have speculated that Gödel may have had other aspects of the Constitution in mind as well, including the abuse of gerrymandering, prorogation of Congress, the Electoral College, and the presidential pardon.

My, my, those "other aspects" couldn't possibly be abused. (extreme sarcasm)

[0] https://en.wikipedia.org/wiki/G%C3%B6del%27s_Loophole

Re:Can the 4th Amendment protect against IRS Audits? by apothegm on Tuesday April 29, 2025 @10:13AM (#43832958)
Not that loopholes are necessary when it’s ignored and unenforced.
Re:Can the 4th Amendment protect against IRS Audits? by JohnFen on Tuesday April 29, 2025 @09:44AM (#43832512)
FWIW, here is what the IRS has to say about this argument:

https://www.irs.gov/privacy-disclosure/the-truth-about-frivo...

Re:Can the 4th Amendment protect against IRS Audits? by byoung2 on Tuesday April 29, 2025 @08:30AM (#43831711)
Wouldn't an audit be an examination of materials you are asked to provide? They will not enter your residence or business and seize these items themselves.
Re:Can the 4th Amendment protect against IRS Audits? by vitarnixofntrnt on Tuesday April 29, 2025 @08:35AM (#43831759)
Yes but what if you don't consent to provide materials? Not that I'm under any audits, just seeing if the constitution may be amended to fix this "loophole" if it's allowed to be used as one by a court.
Re:Can the 4th Amendment protect against IRS Audits? by vitarnixofntrnt on Tuesday April 29, 2025 @08:39AM (#43831789)
My goal is to go down in the history books for getting the government to bug patch the constitution.