The second Trump administration has prompted widespread concern about the health of our constitutional republic. Attacks on political rivals, higher education, the media, and civil liberties raise fundamental questions about what can check the rise of authoritarianism in the United States. Can the Constitution save the republic? Can the Fourth Amendment help protect individual liberties? This Essay argues that not only is the Fourth Amendment especially weak as a protection against the use of domestic policing for authoritarian ends, but it is also well suited for authoritarian abuses. The Fourth Amendment permits an authoritarian regime to target, harass, and intimidate people, whether they are prominent critics of the government, journalists, or members of groups deemed dangerous by an authoritarian president. They may receive repeated traffic tickets as a pretext for police targeting of dissenters or other disfavored groups. They may find themselves under constant surveillance, along with their friends and family who contact them. They may discover that returning to the United States from international travel puts their digital privacy in peril. These actions may raise questions about free speech and equal protection in a democratic society. Importantly, none of these government actions clearly violate the Fourth Amendment.
