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
Results 1-5 of 72
... social function of the Fourth Amendment. Nevertheless, the metaphor is an apt one. The agents of the state in the matrix use violence in the form of arrests, searches, and electronic surveillance for political purposes, to silence ...
... social groups; and third, it is essential to the coherence and survival of political society.7 Lockean Liberals and Virtuous Republicans This last point is implicit in both the Lockean social contract and republican virtue theories that ...
... social contract. For republicans, however, that contract was political, in the sense that it required institutions to encourage the sense of shared values necessary to an effectively functioning People. Only such a united People could ...
... social diversity and on the expressive 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 ...
... social science converge in establishing that “respect” should nevertheless be at the center of all Fourth Amendment reasoning. What “respect” is, how it is conceived of by minority versus majority communities, and what psychological and ...
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 |