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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... Constitution, prohibiting “unreasonable” searches and seizures, governs that entry point. What particularly worried me was the public image of the constitutional law of search and seizure as just a way to free the guilty on a ...
... constitutional mandates.34 Nevertheless, the courts must continue to play their role of setting “a constitutional floor protecting individuals and constraining government.” That floor too often collapses under the weight of the mere ...
... constitutional amendments during the period of Reconstruction: the Thirteenth Amendment, ending slavery; the ... Constitution. It is rarely noted, however, that slavery was sustained largely by search and seizure practices. Slave ...
... constitutional law, consists of more than the dry words of cases or statutes. Constitutional law is born and made real in the struggles of Americans on the streets of their nation—in protests, mobs, and street-corner conversations too ...
... constitution founded.” Each of the colonies shared similar histories. When, after the repeal of the Stamp Act, the British expressed their concept of unitary sovereignty in the Declaratory Act of 1766, which affirmed Parliament'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 |