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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... origins and social function of the Fourth Amendment. Nevertheless, the metaphor is an apt one. The agents of the state in the matrix use violence in the form of arrests, searches, and electronic surveillance for political purposes, to ...
... origins of the amendment indeed lay in part in efforts to suppress dissent in infamous seditious-libel prosecutions. But the amendment's origins also lay in a violent dispute over what it means for the state to “represent” the People ...
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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 |