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. |
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... slaves,” searches of slave cabins, and seizures of what slaves viewed as their property, though the law recognized no such right of slaves to “own” property. In the antebellum Southern mind, the idea of property (the slave) owning ...
... slaves deserted plantations in massive numbers despite Southern efforts to tighten patrols and myriad other restraints on slaves' free movement, and as black troops fought bravely for Union when dire circumstances pressed the federal ...
... slavery” because when “labor and industry may be lawfully taken” without consent, subjects are “really slaves to all intents and purposes.”82 Economic dependence on another individual by the adult male head of a household was also ...
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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 |