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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... can raise against it specific to her case.”6 Such violence may often be legitimate, necessary to enforcing the law, to encouraging respect for it, and to catching the bad guys. 2 PLUGGING INTO THE FOURTH AMENDMENT'S MATRIX.
... enforce the laws—modernly, the function of the police—is thus a necessary precondition to Peoplehood and to social stability. Yet neither sort of thinker trusted the state. Rules and institutions were understood to be necessary to ...
... enforcing a generous constitutional vision.19 Amazingly, despite the media onslaught, a large majority of the public, according to at least one study, opposes the admission of illegally obtained evidence. Yet many members of the public ...
... enforce itself.23 While police “testilying” may help to subvert Supreme Court rulings, the Court too has generally accepted the view of the Fourth Amendment as a mere technicality: “After all it is the defendant, not the constable, who ...
... enforcing the law. As the testilying example illustrates, the courts cannot do the job alone. They must rely on the executive ... enforce constitutional mandates.34 Nevertheless, the courts must continue to play their role of setting “a ...
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 |