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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... Republicans This last point is implicit in both the Lockean social contract and republican virtue theories that animated the Framers of the U.S. Constitution and form the backdrop for understanding the real meaning of the Fourth ...
... republican thinking still accepted that this political conversation could successfully be undertaken only in the context of a neo-Lockean social contract. For republicans, however, that contract was political, in the sense that it ...
... Republican Party, commitment to a “free labor” ideology, which valorized both literal and metaphorical (up the social ladder) movement and glorified private property, had always been inconsistent with slavery's spread. Now the ideology ...
... republican system must promote deliberation. Via deliberation, “the public voice pronounced by the representatives of the people, will be more consonant to the public good than if pronounced by the people themselves convened for that ...
... republican virtue theory as much as by the common law. Yet rights, as Locke articulated them, were “not rooted in centuries of judicial pronouncements,” appeals to “ancient wisdom” simply running “contrary to the whole thrust of the ...
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 |