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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... nature of American democracy and my own understanding of American history. High school civics taught me that our constitutional culture was one of respect and equality for all citizens. History taught me that security and freedom were ...
... nature—to use 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 ...
... nature of police conduct and its consequences. More specifically, the final section of part 1 suggests a number of lessons to be drawn from the amendment's early history that require changes in current doctrine. Such changes should ...
... nature of “property,” and the political meaning of freedom to locomote and “privacy” (though not then using that word). Northern, especially Republican Party, commitment to a “free labor” ideology, which valorized both literal and ...
... natural rights, and the castle that was each man's home. The rhetoric was apocalyptic, conveying the sense that once the excise act was established, “the progression would allegedly extirpate all constitutional liberty.”8 Such rhetoric ...
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 |