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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... Clause was that it for the first time applied most of the 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 ...
... clause, therefore, “was the last straw, not the first one, in public discontent with the search process.”9 The most savage attack on the act and its authors was the pamphlet The Monster of Monsters. Its author “warned of the danger of ...
... Clause to authorize the use of general warrants as a means for enforcing its delegated power to raise revenue. The Fourth Amendment would stand as an obstacle to the majority of the People's representatives so abusing their delegated ...
... Clause's prohibition against general warrants and has no independent significance. On the other side of the debate are those contending that the “reasonableness” clause was most sensibly understood at the Framing to mean what it means ...
... Clause's text—which unequivocally requires probable cause and particular descriptions in warrants—will not bear such a flexible reading. Only the broader, more aspirational “Reasonableness” Clause can do so.29 Because the amendment's ...
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 |