In a word, the Fourth Amendment is your right to privacy. And for approximately 1.73 million Americans, it will be blatantly stepped on today. And I’m not talking about NSA surveillance (insidious and discussion-worthy as it is). No. I’m referring to the government agency that we interact with on a regular basis and love to complain about, but assume exists for the “greater good of society.”

The TSA.

This fact dawned on me quite suddenly while I telling someone about my mild annoyance at the fact that my checked bag had been selected for a search the last time I flew (from which you receive a disorganized bag and a lovely letter). I stopped in the middle of a sentence, interrupted by the thought of, “Wait a second. . . .doesn’t something in the Bill of Rights say that’s illegal?” And the answer is yes.

The Fourth Amendment of the Constitution states:

“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.”

This, in addition to some phrases from other amendments, make up the overall “Right to Privacy.” Pretty much everything there makes it pretty clear that the government shouldn’t be able to break your suitcase lock and search your bag without a reason. The phrase “probable cause” is probably the most commonly referenced portion of this amendment, and for good reason. It establishes a basic tenet of our justice system, that being the idea that law enforcement needs some kind of tangible reason to think you committed a crime before they can search you or take any of your possessions. This is why a cop can’t demand to see what’s in your trunk if you get pulled over for speeding, or why USPS can’t search your mail.

It might seem like a cumbersome hurdle to require evidence in order to search for more evidence, but this privacy right is one of the most fundamental to maintaining personal freedom and some semblance of trust for the government. Exactly why privacy is possibly the single most important right can be difficult to articulate, but this article explains it well.

Interestingly, the strategy of invading privacy with airport screenings started long before 9/11-induced panic. It began in 1973, in the 9th Circuit Court ruling of US v. Davis. This case basically says that airport screenings are a new type of search called an “administrative search” which doesn’t violate the Fourth Amendment for reasons that I personally don’t understand. It goes on to say a search is always allowed if it is, “no more intrusive or intensive than necessary, in light of current technology, to detect weapons or explosives, confined in good faith to that purpose, and passengers may avoid the search by electing not to fly.” To me, this seems like a shockingly weak argument. If the government was, say, collecting information about your phone calls and justified it with the logic of “if you don’t want us to collect your data, don’t make phone calls,” people would rightly say that was ridiculous.

But maybe you agree with this court case. Maybe you don’t mind the slight hassle of waiting in line and taking off your shoes and letting a poorly-paid government drone look at everything in your purse while you get the “choice” between being lightly irradiated or patted down. It’s all worth it to stop terrorists. So what if they can seize your perfume and knitting needles with no reason or reimbursement? It’s all worth if it can keep us safe.

But there’s the kicker. Even if you believe this violation of rights is acceptable so long as it protects us from violence, don’t worry, I have reasons for you to be horrified as well. In a controlled test, TSA workers were unable to find a concealed weapon in 67 out of 70 trials. Additionally, the Department of Homeland Security in an audit identified 73 airport employees directly linked to terrorist threats. Given that the TSA has failed to actually stop a single would-be terrorist, it’s not surprising that many pilots would call it a farce.

So this year, the government is going to spend over $7 billion wasting our time and invading our privacy. Cost alone should convince some that this agency was a bad idea. But most importantly, there is no reason why our fourth amendment rights should be violated so flagrantly.

Even if the TSA was successful in stopping violence, I don’t believe it would be worth it, because I agree with Ben Franklin in saying, “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.”