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." Amendment 4 of the Bill Of Rights

The 4th Amendment of the Bill Of Rights protects 'we the people' from government overreach and abuse. Unlike the 10th Amendment, which limits the federal government to only those powers that are delegated to it, the 4th specifically bans the government from entering our homes AND from invading our privacy without permission - which MUST be based on SPECIFIC information attested to under oath.

Law enforcement can't simply invade your privacy because of "common sense" or supposed necessity. They must have probable cause, "supported by oath or affirmation", AND a warrant, and they can't blindly search until they find something, they must search for a specific item in a specific place. Read the specifics of the 4th Amendment - "right of the people to be secure in their persons, houses, papers, and EFFECTS..." and "particularly describing the place to be searched, and the persons or things to be seized".

Legislation doesn't overwrite the U S Constitution, only the process defined in Article 5 can do that. Neither does the will of 51% of the people, "common sense" or supposed necessity.

The founders understood:

"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

"I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations." James Madison

"Those who desire to give up freedom in order to gain security will not have, nor do they deserve, either one." Thomas Jefferson