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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... force—to govern —is necessary to any state's existence and to the safety of its people. The Matrix sequels notably reveal violence at work in the governance of the somewhat militaristic human city of Zion—the sole haven for the few free ...
... force—to the community. The community serves as an impartial judge and as the single authoritative interpreter of nature's law. The community in turn creates a government, a set of institutions entrusted by the community to bring about ...
... force to productive purposes.11 For both liberals and republicans, the use of state violence to enforce the laws—modernly, the function of the police—is thus a necessary precondition to Peoplehood and to social stability. Yet neither ...
... force. Part of that insult was class based: subordinate, uneducated, and “low-born” officers searched the homes of higher-ranked free householders. But the colonists were insulted too not simply by who did the searches but by how the ...
... force that promotes community safety while valuing community rights. They agitate for a police force free from conduct that insults and denigrates minority communities.27 What is lost in the mere-technicality vision of the Fourth ...
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 |