Global Independent Analytics
KrisAnne Hall
KrisAnne Hall

Location: USA

Specialization: civil rights

Apple Customer Letter: Constitutionally Sound

Apple's latest iShill

Tim Cook, CEO of Apple has written a letter to their customers outlining some outrageous demands the FBI has placed upon Apple and assuring its customers it has no intentions of complying.  The FBI wants Apple to create programming that will allow the FBI, and whoever else might get their hands on the program, a backdoor into every apple phone without the knowledge or permission of Apple or the owner of the phone. No warrants necessary for the FBI, just a program to permit all future hacks at the whim of the government.  The FBI claims the All Writs Act of 1789 gives them the authority to search and seize whatever and whenever they want.  But is that what that act really says? 

The All Writs Act of 1789 was a part of the Judiciary Act of 1789.  The purpose of the Judiciary Act was to create the composition and procedures of the federal judiciary as established in Article 3 of the Constitution.  The All Writs Act is simply the declaration that the federal courts can issue warrants. Not any warrant, but warrants limited to federal power and the Rights of the people.

(a) The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.

(b) An alternative writ or rule nisi may be issued by a justice or judge of a court which has jurisdiction.[i] 

Notice the language of section (a) that states that writs are allowed "in aid of their respective jurisdictions."  The writs only have authority where the federal judiciary has authority, as limited and prescribed by Article 3 and Article 6 of the Constitution.

Article 3 section 2 limits the federal court's jurisdiction to cases of law and equity "arising under this Constitution" and "which shall be made, under their Authority;" It is not a limitless jurisdiction to everything legal. Only to those things that are specifically delegated to the federal government.

Article 6 section 2 tells us that any action by the federal government that is not "made pursuant" to the Constitution, is not the supreme law of the land and therefore not binding upon the States.

Section (a) also dictates that these writs must be "agreeable to the usages and principles of law."  The greatest limitation on "usages" and "principles of law" are codified in the 4th Amendment of the US Constitution. The 4th Amendment says:

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.

The 4th Amendment makes it very clear that these Writs are not open to whatever whim the FBI might desire.  These writs are clearly limited by the Constitution, in both substance and form.

Section (b) is no deviation from the Constitutional standards of section (a).  The "alternative writ or rule nisi" is also limited by the "jurisdiction" of the courts as mentioned above.  A review of the definition of the word "nisi" also confirms this understanding.

"…(of a decree, order, or rule) taking effect or having validity only after certain specified conditions are met."

Even a nisi is only valid once certain specified conditions are met.  What conditions would need to be met?  Articles 3 and 6 of the Constitution, combined with the 4th Amendment of the Bill of Rights.

This All Writs Act of 1789 is not the expansion of power that the FBI is trying to imply that it is.  I applaud Tim Cook and Apple Inc. for standing up for the Rights of their customers.  I am disgusted by this current FBI and their consistently unconstitutional behavior and blatant disregard for the Rights of the people. 

Obviously the FBI has become an agency that is willing to lie to maintain their arbitrary power regardless of the consequences to the people, their lives, their liberty, or their property.

Perhaps the leadership of the FBI would be better served by studying a different bit of history to see how arbitrary power exercised by government works out for the government.  May I suggest this lesson on James Otis, Jr. and the British Writs of Assistance.

 


[i] All Writs Act 28 US Code 1651

HASHTAGS

POPULAR ARTICLES

Not Found

OPINION

Vladimir Golstein

Vladimir Golstein

The Danderous Acceptance of Donald Trump

James N. Green

James N. Green

Politics in Brazil: Fasten Your Seat Belts!

Barbara H. Peterson

Barbara H. Peterson

Health officials confirm spread of Zika virus through sexual contact in Texas, first in US

Danny Haiphong

Danny Haiphong

WHY IS OTTO(SUPER)MAN ERDOGAN LOSING HIS CHARISMA?

Miray Aslan

Miray Aslan

How relations between Saudi Arabia and Iran reached a breaking point

Navid Nasr

Navid Nasr

How relations between Saudi Arabia and Iran reached a breaking point

Writers

chief editor

Joshua Tartakovsky

Analysis should serve as a method to better understand our world, not to obscure it.

Materials: 42

Specialization: Israel and the Middle East, US politics

Materials: 7

Specialization: Balkans, NATO and EU policies, Strategic communications

Materials: 3

Specialization: Foreign politics, Immigration, Human rights.

Materials: 2

Specialization: Political Science, Social Anthropology

Materials: 3

Specialization: Eastern Europe

Materials: 14

Specialization: Industrial Safety, Corporations

Materials: 12

Specialization: Eastern Europe, Labor movement

Materials: 3

Specialization: American history, way of life, and principles

Danielle Ryan

Ireland

Materials: 10

Specialization: US foreign policy, US-Russia relations and media bias

Materials: 20

Specialization: War, Racism, Capitalist exploitation, Civil rights

Materials: 8

Specialization: Modern Japanese History, Modern Chinese History, Military History, History of Counterinsurgency, History of Disobedience, Dynamics of Atrocities in Wartime

Dovid Katz

Lithuania

Materials: 3

Specialization: Holocaust Revisionism and Geopolitics; East European Far Right & Human Rights; Yiddish Studies & Litvak Culture

Materials: 20

Specialization: History, Catalunya, Spain, Geopolitics, Nationalism in Europe, Islamization, Immigration

Materials: 5

Materials: 3

Specialization: migration, international relations

Materials: 1

Specialization: Syria, US Foreign policy and strategies, BRICS/SCO

Materials: 19

Specialization: Balkans, Yugoslavia

Materials: 10

Specialization: Jihadist Groups, Islamic Terrorism, Global Security

Materials: 4

Specialization: Geopolitics

Materials: 4

Specialization: Media and government relations

Materials: 2

Specialization: Latin America, Brazil

Jay Watts

Canada

Materials: 2

Specialization: History, Marxism-Leninism, Imperialism, Anti-imperialism.

Materials: 2

Specialization: International Relations, Sociology, Geostrategy

Materials: 1

Specialization: civil rights

Lionel Baland

Belgium

Materials: 22

Specialization: Euroscepticism, Patriotic parties of Europe

Maram Susli

Australia

Materials: 3

Specialization: Geopolitics

Materials: 2

Specialization: Civil rights, Racism, US politics

Materials: 1

Specialization: geopolitics, economics

Max J. Schindler

Palestine-Israel

Materials: 9

Specialization: Politics

Miray Aslan

Turkey

Materials: 12

Specialization: Media, Politics

Materials: 5

Specialization: Politics, International relations

Navid Nasr

Croatia

Materials: 13

Specialization: Global security, Politics

Materials: 9

Specialization: Development of European Union, Non-governmental organizations, Politics and economics in Baltic States

Materials: 9

Specialization: Greece, Crisis of the US hegemony; Israel / Occupied Palestine, Oppression of Black people in the US

Materials: 4

Specialization: geopolitics, Russia, USSR

Pedro Marin

Brazil

Materials: 17

Specialization: Latin America, Ukraine, North Korea

Materials: 13

Specialization: Sustainable development, International relations, Comparative European politics, European integration, Eastern European politics and EU-Russia relations

Materials: 8

Specialization: Politics

Materials: 16

Specialization: Counterterrorist Finance

Seyit Aldogan

Greece

Materials: 3

Specialization: ISIS, Middle East, Globalization, Migrant crisis

Materials: 1

Specialization: Head of "Srebrenica Historical Project"

Materials: 3

Specialization: Economy, Social politics

Stevan Gajic

Serbia

Materials: 1

Specialization: Full time researcher at the Institute for European Studies

Materials: 5

Specialization: Geopolitics, Geoeconomics

Materials: 2

Specialization: Civil rights

Tobias Nase

Germany

Materials: 8

Specialization: Syria, US Foreign policy, Ukraine

Valerijus Simulik

Lithuania

Materials: 2

Specialization: Politics and economics in Baltic States, education and science, non - governmental organizations, globalization and EU

Van Gelis

Greece

Materials: 17

Specialization: Middle East

Materials: 1

Specialization: Kosovo, Serbia, Belgrad bombing

Materials: 5

Specialization: international relations, Russia

toTop