Constitution-Free Zones

Citizenship

Constitutional Rights

1.5 min

Updated Jan. 31, 2024

Constitution-free zones refer to areas within the United States where certain constitutional protections may not fully apply, primarily due to national security concerns. These zones are defined as the space within 100 miles of the U.S. border.

CORE CONTENT | 0.8 min read

Constitution-free zones are defined as the space within 100 miles of the U.S. border, encompassing coastlines and international borders, including airports and border checkpoints. In these areas, for example, the government claims broader powers to conduct searches and seizures, often without the warrants or probable cause typically required under the Fourth Amendment. The presence of these zones raises critical questions about the balance between national security and individual freedoms.

Scope

These zones cover areas where about two-thirds of the U.S. population resides, including major cities like New York, Los Angeles, Philadelphia, Houston, and Chicago. These bustling urban centers thus turn into regions with diminished constitutional safeguards. Some states—Connecticut, Delaware, Florida, Hawaii, Maine, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, and Vermont—lie mostly, if not entirely, within this region.

Impact

The existence and enforcement of constitution-free zones have profound implications. They challenge the notion of universal constitutional protections, creating a landscape where certain rights are context-dependent. This situation raises concerns about potential abuses of power and the marginalization of certain groups, particularly immigrants, minority communities, and other residents who frequently navigate these zones.

REAL WORLD EXAMPLE | 0.4 min read

ACTUAL CASE STUDY

One notable controversy in these zones occurred in early 2017 when passengers on a domestic flight arriving at New York’s John F. Kennedy International Airport were asked by Customs & Border Patrol (CBP) agents to show identification before disembarking. This raised concerns about the legality and constitutionality of such checks. The ACLU criticized the action, stating that it could violate passengers' rights under the Fourth Amendment. The CBP maintained that the checks were within their jurisdiction and authority for verifying the identity of travelers and were consistent with long-standing practices. Source.

KEY TAKEAWAYS | 0.2 min read

  • "Constitution-free zones" are defined as areas within 100 miles of U.S. borders where the government exercises broader powers exempt from certain constitutional provisions
  • These zones cover regions where two-thirds of the U.S. population lives, affecting major cities and entire states, leading to reduced constitutional protections in dense population centers.

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