Reconstructing the Fourth Amendment: A History of Search and Seizure, 1789-1868The modern law of search and seizure permits warrantless searches that ruin the citizenry's trust in law enforcement, harms minorities, and embraces an individualistic notion of the rights that it protects, ignoring essential roles that properly-conceived protections of privacy, mobility, and property play in uniting Americans. Many believe the Fourth Amendment is a poor bulwark against state tyrannies, particularly during the War on Terror. |
From inside the book
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... American democracy and my own understanding of American history. High school civics taught me that our constitutional culture was one of respect and equality for all citizens. History taught me that security and freedom were ...
... American experience was central to knowing the meaning of America. So, in a search for the complete story, I dug further into the history of both the original and the mutated Fourth Amendments. What I found did not always match my ...
... American or Asian American, that seems wrong. It unsettles American notions of equal treatment. Yet if, as the Court suggests, we cannot consider the officer's racial attitudes and assumptions, or perhaps not even whether his conduct ...
... Americans in Jim Crow America could not sit at white lunch counters, they felt excluded from the American community. Yet what is rarely recognized is that Jim Crow laws went to the heart of the Fourth Amendment by regulating where ...
... American experience, and that institution's violent death throes birthed the Reconstruction amendments to the Constitution. It is rarely noted, however, that slavery was sustained largely by search and seizure practices. Slave patrols ...
Contents
1 | |
17 | |
45 | |
55 | |
68 | |
THE RECONSTRUCTED FOURTH AMENDMENT | 91 |
Slave Locomotion | 106 |
Mobilitys Meaning for the South | 131 |
Mobilitys Meaning for the North | 157 |
Notes | 279 |
Index | 343 |
About the Author | 363 |