has a rational basis, that it is not an excessive imposition upon the individual given the circumstances and is in accordance with societal norms. It relies on judges to be sufficiently independent of the authorities seeking warrants that they can render an impartial decision. Evidence obtained in an unconstitutional search is inadmissible in a criminal trial (with certain exceptions). The Fourth Amendment explicitly allows reasonable searches, including searches without warrant in specific circumstances. Such circumstances include the persons, property and papers of individuals crossing the border of the United States and those of paroled felons; prison inmates, public schools and government offices; and of international mail. Although these are undertaken pursuant to a statute or an executive order, they derive their legitimacy from the Amendment, rather than these. Ninth and Tenth Amendments The Tenth Amendment explicitly states that powers neither granted to the federal government nor prohibited to the states are reserved to the states or the people. The Ninth Amendment states, "The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people." The Ninth Amendment bars denial of unenumerated rights if the denial is based on the "enumeration of certain rights" in the Constitution, but does not bar denial of unenumerated rights if the denial is based on the "enumeration of certain powers" in the Constitution. Related Court opinions The Supreme Court has historically used Article II to justify wide deference to the President in foreign affairs. Two historical and recent cases define the secret wiretapping by the NSA. Curtiss-Wright: The extent of the President's power as Commander-in-Chief has never been fully defined, but two Supreme Court cases are considered seminal in this area: Youngstown Sheet and Tube Co. v. Sawyer (1952) and Curtiss-Wright. The Supreme Court held in Katz v. United States (1967), that the monitoring and recording of private conversations within the United States constitutes a "search" for Fourth Amendment purposes, and therefore require a warrant. The Supreme Court held in Smith v Maryland (1979) that a judicial warrant is required for the government to acquire the content of electronic communications. However, subpoenas but not warrants are required for the business records ( metadata) of their communications, data such as the numbers that an individual has phoned, when and, to a limited degree, where the phone conversation occurred. The protection of "private conversations" has been held to