Before 1967, the Fourth Amendment didn't require police to get a warrant to tap conversations occurring over phone company lines. But that year, in two key decisions (including the Katz case), the Supreme Court made clear that eavesdropping — bugging private conversations or wiretapping phone lines — counted as a search that required a warrant.
Well I've thought about it. And I think it's fair to say the USG has never respected the 4th amendment less than it does today.
How hard have you thought about it? What's the line of thought that makes the current government less respectful of the 4th amendment than, say, a government that, with the knowledge and approval of the president, sends a bunch of goons to commit burglary and dig up dirt on its political opponents?
Nixon's goon squads were reprehensible, but they involved a small number of actors and a small number of actions. It's not strictly incorrect to refer to those actors as "the government," but it's a little misleading. Nixon didn't brief congress on his burglary program. It wasn't a matter of official policy. When these activities were brought to light, the citizens were the first to know. The bulk of "the government" was just as shocked as we were. No one seriously tried to defend the actions as somehow legal because of a state of national emergency.
The current official policy, which has spanned at least two and possibly three presidential administrations, is to use a huge network of government employees and private sector labor working together to spy on virtually every single person in the country, continuously, for years. And this time, it's been sort of an open secret, endorsed and defended as legal from the highest levels, and known to Senators and rank-and-file FBI agents alike. We, the ordinary citizens, were the last to know.
I think it's much more accurate to describe the current surveillance as an activity of "the government," and I think the scale, the audacity, the hubris involved makes it clear that an awful lot of "the government" views the fourth amendment as an outdated relic that must be stamped out or revised away into meaninglessness.
I think the difference between the two examples is extreme and obvious. They are actually more different than they are alike.
Before 1967, the Fourth Amendment didn't require police to get a warrant to tap conversations occurring over phone company lines. But that year, in two key decisions (including the Katz case), the Supreme Court made clear that eavesdropping — bugging private conversations or wiretapping phone lines — counted as a search that required a warrant.
Well I've thought about it. And I think it's fair to say the USG has never respected the 4th amendment less than it does today.