Comment: Re:Where the hell Liberty has gone to ? (Score 1) 300
Well, the rule of law as it has been settled over the last couple of centuries doesn't consider suspicion a burden to the target. That's because when the Bill of Rights was framed the cost and difficulty of surveillance was so high it was assumed not to be a serious threat to liberty. And that's where the current understanding of the US Constitution's limitations on police remains to this day. The law hasn't adjusted to the fact that it's now possible to *mechanize* suspicion and surveillance through cameras, software, networks and databases.
In fact this problem predates technological advances. The emergence of a government with powerful, permanently constituted security agencies is something the founders never dreamed of. That is the problem with "original intent"; in many situations what the founders might have intended is a matter of speculation. For example we now accept that 4th Amendment protections protect people in public places (Katz v. United States, 1967) but for a long time the limitation to a person's home, self, and papers was taken literally (Olmstead v. United States, 1928).
It is certainly not true that three letter agencies can do whatever they want, wherever they want; but the limitations the Constitution specifically puts on them do not cover their current capability to infringe on individual liberties, and the courts thus far have declined to check them under the Ninth Amendment or through extensions of other amendments..