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. |
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... Congress Cataloging-in-Publication Data Taslitz, Andrew E., 1956Reconstructing the Fourth Amendment: a history of search and seizure, 1789-1868 / Andrew E. Taslitz. p. cm. Includes bibliographical references and index. ISBN-13: 978-0 ...
... Congress, the judiciary, and the executive in making Fourth Amendment freedoms real. Although the judiciary was assigned a special role in this process (the warrant-issuing prerogative), commentators too often de-emphasize the ...
... Congress,” which vehemently denied by formal declaration Parliament's right to tax them.29 Mob violence, however, ultimately brought an end to the Stamp Act. The mobs began with an August 14, 1765, attack on the office and home of ...
... Congress (later to become the House of Representatives), James Wilson similarly declared that “[t]he Legislature ought to be the most exact transcript of the whole society,” and George Mason agreed that representatives should reproduce ...
... Congress convened, other colonists recognizing that what could happen to Massachusetts could become their fate as well. The Congress agreed to form a Continental Association to implement and enforce sweeping nonimportation and ...
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 |