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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... debate. That's because few voters live in neighborhoods where gang units are likely to enter their kids' names and photos into the department database merely for wearing their hats backward. Nor do most of us lose sleep worrying whether ...
... debates had expressly invoked the Fourth Amendment in a variety of important instances. Because the Supreme Court had clearly held, however, that the Bill of Rights did not then apply to the states, many of these debates invoked Fourth ...
... debates in the House of Commons in 1764, 1765, and 1766 over the legality of general warrants. Ultimately, the House passed three resolutions that took a narrower position than had Pratt, now Lord Camden: first, general warrants for ...
... debates, stressed representatives' responsiveness and accountability to the local electorate. Responsiveness in turn required representatives who were both sympathetic to their constituents' feelings and versed in the local knowledge ...
... debate over the lower house of Congress (later to become the House of Representatives), James Wilson similarly declared that “[t]he Legislature ought to be the most exact transcript of the whole society,” and George Mason agreed that ...
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 |