The Bank Secrecy Act (BSA) of 1970 arguably violates the U.S. Constitution on several grounds:
1 Fourth Amendment (Unreasonable Searches and Seizures): The BSA requires financial institutions to report transactions over $10,000 and maintain records subject to government inspection without a warrant. This blanket surveillance lacks individualized suspicion, violating the Fourth Amendment’s protection against unreasonable searches. In United States v. Miller (1976), the Supreme Court held that bank records are not protected under the Fourth Amendment due to the third-party doctrine, but critics argue this enables unchecked government access to private financial data, undermining privacy rights.
2 Fifth Amendment (Due Process and Self-Incrimination): The BSA’s reporting requirements, like Suspicious Activity Reports (SARs), compel banks to act as government agents, collecting and disclosing customer information without clear notice or consent. This may violate due process by bypassing judicial oversight. Additionally, forcing individuals to disclose financial details through Currency Transaction Reports (CTRs) could implicate self-incrimination, though courts have not fully upheld this view (see California Bankers Assn. v. Shultz, 1974).
3 Tenth Amendment (Federal Overreach): The BSA imposes federal mandates on private banks, arguably exceeding Congress’s enumerated powers and infringing on state authority over local financial institutions. The Act’s broad regulatory scope lacks a clear constitutional basis beyond the Commerce Clause, which critics argue is overstretched.
While courts have generally upheld the BSA, these constitutional tensions remain debated, particularly as surveillance expands with amendments like those in the Patriot Act.
Thanks for that!
It answers a lot on my questions.
Always wondered how that got past the 4th amendment
So the bill of rights is an illusion at the end of the day…
The Constitution was designed to protect Catholic leadership and Jesuit leadership.
Nothing more.
I care not about the “why” as the language itself has worked well, until recently.
The Catholics aren’t responsible for 10A not being enforced, so your point is moot to me.
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An illusion until a majority of the justices apply it without fear or favor.
The Roe reversal was an example. It was not applied for 50 years, then applied correctly.
Now they need to undo all the FDR socialist shenanigans, BSA, patriot act, etc.
Don’t hold your breath.
If applied correctly, tho, especially 10A, the country is very strong. Send anything not in the constitution back to the states and let the states tax their people until they move out. It will autocorrect.
The budget is balanced overnight and the debt can be paid.
We’d all be arguing over entitlements at the state level, as designed.
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