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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... colonial ones or by the British Parliament—rather than by judges; in which a fictionalized history of the “rights of Englishmen” played a powerful motivating role in political change, while elite and mob action simultaneously rejected ...
... colonial Americans' attention frequently involved state efforts to suppress dissent. That suppression was at its starkest in seditious-libel prosecutions.4 Among the most striking of the early prosecutions during the colonial period was ...
... colonial thinking about search and seizure took place in England in 1763 and involved Parliamentary member John Wilkes. Wilkes anonymously published the North Briton series of pamphlets, including Number 45. Number 45 contained ...
... colonies, later states, were sometimes rife with such oppression. The outlines of modern free-speech notions only started to become visible with Thomas Jefferson's election to the presidency in 1800, partly as a result of popular ...
... colonial period dramatically sparked widespread popular violence when done for the purpose of enforcing customs duties and other revenue-raising measures. General warrants and their close cousin, the writs of assistance, were therefore ...
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 |