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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... United States—History. 2. United States. Constitution. 4th Amendment—History. I. Title. KF9630.T37 2006 345.73'054409034—dc22 2006010916 New York University Press books are printed on acid-free paper, and their binding materials are ...
... united People could tame otherwise unbridled state violence. For republicans too, therefore, the Fourth Amendment channels state force to productive purposes.11 For both liberals and republicans, the use of state violence to enforce the ...
... united, at least for a time, to serve common interests. “The crisis over the Stamp Act aroused and unified Americans as no previous political event ever had.” The crisis widened the circle of those who felt entitled to at least some ...
... United States.”23 Not everyone in the early republic agreed. The Revolutionary generation revered the common law and claimed to be defending, while simultaneously rejecting, aspects of it associated with the degenerate British political ...
... United Front (BUF), eventually working in concert with the American Civil Liberties Union, recently led to a novel approach to reforming an urban police department accused of racial profiling and excessive violence. Professional ...
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 |