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
Results 1-5 of 53
... Bill of Rights—applied only to the federal government, not to the states. It was one of the functions of the Fourteenth Amendment, ratified in 1868, to apply or “incorporate” the Bill of Rights, including the Fourth Amendment, against ...
... Bill of Rights, which the people demanded be added to the 1789 Constitution as the price for its ratification. Images of King George's troops violating “a man's castle” in search of contraband come readily to mind. The brave colonists ...
... Bill of Rights in 1791. Although I argue in this book that other thinkers have misunderstood the significance of those events, here I take the story one step further, examining search and seizure practices during antebellum slavery ...
... Bill of Rights, including the Fourth Amendment, to the states. Understanding the meaning of today's Fourth Amendment therefore requires study of the evolving meanings of search and seizure during the fight to end slavery, for it was ...
... Bill of Rights did not then apply to the states, many of these debates invoked Fourth Amendment concepts but under other legal and political rubrics. The Fourteenth Amendment is best understood, however, as in important part serving to ...
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 |