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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... federal government, not to the states. It was one of the functions of the Fourteenth Amendment, ratified in 1868, to apply or “incorporate” the Bill of Rights, including the Fourth Amendment, against the states. This 1868 constitutional ...
... federal legislators, to enforce constitutional mandates.34 Nevertheless, the courts must continue to play their role of setting “a constitutional floor protecting individuals and constraining government.” That floor too often collapses ...
... federal fugitive-slave laws provided fairly cursory warrant procedures for the capture and return of suspected runaways, while fostering an ever-increasing federal enforcement presence that involved reluctant Northerners in enforcing ...
... federal government into permitting escaped slaves to join the fight, Northern ideas evolved about race, the nature of “property,” and the political meaning of freedom to locomote and “privacy” (though not then using that word). Northern ...
... federal government, but ultimately vesting true sovereignty in the People, further strengthened the American commitment to actual representation.51 The developing early American theories of actual representation required more, however ...
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 |