Quote:
Originally Posted by G1911
I don’t think a dress code really violates the Bill of Rights. History strongly supports that children have restricted rights, but it also supports that they do still have rights. Detectors and searches would also be for all adults who enter a government building at which being present is mandatory or effectively mandatory (it’s illegal to just not send your kids if you can’t full time homeschool them, at least in most jurisdictions that I am aware of).
Of course I agree kids shouldn’t tote a Glock to class; but I do not think this rare case and interest overrides the 4th amendment rights of everyone. Searching everyone is exactly what the 4th prohibits. This is one of the reasons I am against them in most places such as the airport - boarding an airplane is not reasonable cause that someone is likely engaging in criminal activity.
I know this view will be unpopular and I disagree with most on ‘my side’. I just don’t see a way that this doesn’t violate the 4th and I usually come down on the side of the right of the individual over a right of the state to regulate that individual, even when it isn’t so directly constitutional. Ironically, that made me pretty left wing not too long ago.
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I do disagree with you somewhat on the 4th Amendment:
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.
To my thinking, metal detectors at the entrance to schools is reasonable, when the specific things to be seized are weapons such as guns or knives.
In fact, I would argue that metal detectors and armed guards at schools is not only more effective at preventing mass shootings, but it is also more in line with Constitutional rights.
The idea that background checks will prevent potential murderers from obtaining weapons is problematic several ways. If I say the guy next door seems unhinged or angry, or if I claim he said something that I interpreted as a threat, can I report that and thus take away his Constitutional right to own a gun? Can his ex-wife or ex-girlfriend?
Background checks give the power of one person's Constitutional rights over to anybody who might want to take them away, by claiming that person said something, like wanting to shoot up a movie theater, or whatever. Such a statement, unprovable either way, could go on a background check record and stay there forever.
Even if someone fails a background check, it's still possible for them to obtain guns illegally. I'll bet your average gang member didn't go through the legal process in obtaining his weapons.
I'm all in favor of trying to stop bad guys from getting and owning guns, but I'm also saying that because it is difficult and sometimes impossible to know who will suddenly turn into a mass killer, it's also imperative for people to protect themselves and their kids. Hence, safety measures at schools, beginning with armed guards, same as politicians demand for themselves.