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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... liberty and economic independence for individuals. General searches symbolized this ultimate political degradation, marking the colonists (in their view) as outside the community of recognized political equals, silencing their voices ...
... liberty”; and in which the fear of abusive searches and seizures focused on the tax man, British soldiers, and British impressment gangs “recruiting” for the Royal Navy rather than on organized police forces, which did not yet exist ...
... Liberty that was ever attempted.” The minister of Brattle Church saw the act as “a revival of the Inquisition, requiring people to incriminate themselves.” A flood of antitax tracts described it as violating Magna Carta, natural rights ...
... liberty of the press, and a growing recognition that the voice of the legislature and of the People were not always one and the same.12 The seditious-libel prosecution probably most influential on colonial thinking about search and ...
... liberty.” John Entick had been seized, along with his books and papers, a half year before the North Briton incident ... liberty to Englishmen on both sides of the Atlantic.” “Wilkes and Liberty” became a patriot's slogan in America ...
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 |