Declaration of Independence (Grievance 10): The King’s Officials Abuse the Colonists, Part One

This is the seventh episode in a podcast series celebrating the 250th anniversary of the Declaration of Independence by exploring the colonies’ grievances against King George III. This episode addresses the Declaration’s tenth grievance that British customs officers and other royal officials often acted arbitrarily or used their powers to harass and abuse colonists. Among other things, the episode examines colonist James Otis’s argument that British law allowing warrantless searches in the colonies should be void because such searches violate natural rights and rights protected by the British constitution. While Otis lost his case, his argument is reflected in the Constitution’s recognition of two tiers of law—the Constitution and laws Congress adopts pursuant to the Constitution. As a consequence, laws that would override the Constitution, including the fundamental rights enshrined in it, can only be adopted by amending the Constitution.