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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... society, are at stake.2 The agents ultimately arrest a human known as “Neo” on the pretense of suspecting him of computer crimes, but really to seek his aid in locating the renegade humans, whom they identify to Neo as “criminals.” When ...
... society.7 Lockean Liberals and Virtuous Republicans This last point is implicit in both the Lockean social contract and republican virtue theories that animated the Framers of the U.S. Constitution and form the backdrop for ...
... society disproportionately bear the burden of state-imposed disrespect. Moreover, there are sometimes on-average differences in these groups' perceptions and experiences as compared to more privileged members of the polity ...
... society's “mirror.” John Adams thus explained in 1776 that an assembly “should be in miniature an exact portrait of the people at large. It should think, feel, reason and act like them.”53 Theophilus Parsons echoed this sentiment in ...
... society.20 The judiciary's role in constitutional search and seizure law can also only be understood within the Revolutionaries' broader framework for the separation of powers. The mixed English Constitution of Blackstone's time was ...
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 |