I'm open to other arguments, but I've yet to encounter one that trumps the constitutional one. To any extent that wasn't done, my take is that it's constitutionally invalid. This isn't England (or France.) The whole point was to strike English law from our domain. WRT common law, citing pre-existing English (or French, if you're from Louisiana) law is typical judicial dancing on the head of a pin, smelling its own farts. I'm not saying the feds shouldn't have such a border power based on any objection I might have with the idea of searching incoming foreigners I'm saying it's unauthorized, and short of article V, there's no other way around that. So not only are warrentless searches illegal by virtue of not being an authorized power, the same people who made the law (quite sensibly) ruled them out just a few years later.

It provides a list of authorized powers, from which the federal government may make certain very limited types of laws.Īs of 1791, it also provided a list of forbidden areas, into which the federal government may not go, and as it happens, that includes forbidding warrentless searches everywhere in the domain of the federal authority, because the restriction makes no kind of exception for any locale. The constitution overrides and obsoletes common law that's what it is there for, to reset the line and provide a new starting point because the previous situation was out of hand. The definition is unreasonable is based far more on common law interpretation than you presume.

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