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
Results 1-5 of 77
... argue, as just such an attempt to tame political violence, ensuring its service to the “security” of a free People by prohibiting unreasonable exercises of the state's use of force. Among the political dangers that constitute the ...
... argue in this book that other thinkers have misunderstood the significance of those events, here I take the story one step further, examining search and seizure practices during antebellum slavery, then during Reconstruction. That ...
... argument that the extralegal usage of these sorts of warrants since the Glorious Revolution of 1688 legitimated the flawed practice: There has been a submission of guilt and poverty to power and the terror of punishment. But it would be ...
... argued the case for the merchants. For now, it is sufficient to note that Otis's argument included fear of abuses of unbridled discretion by customs officers. Otis worried that customhouse officers would enter private homes as they ...
... argued that, though the writs were authorized by a 1662 statute, the statute was itself void because it was “against the Constitution” and “against natural Equity.” Chief Justice Thomas Hutchinson and his colleagues on the Superior ...
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 |