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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... 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 complementary, not contradictory. My ...
... understandings of search and seizure practices during slavery and Reconstruction thus seemed particularly relevant to understanding the mutated or reconstructed Fourth Amendment of 1868. Then, as now, knowing the African American ...
... understanding the real meaning of the Fourth Amendment. In Lockean liberalism, a community or a People forms from the consent of individuals who, to protect themselves, transfer the personal right to execute the law of nature—to use ...
... understanding the original Fourth Amendment as regulating the everyday political violence of the state. These implications focus on the amendment's role in building a “monitorial,” politically attentive, unified “People” from social ...
... Understanding the Court's current approach and its failures, and defending a respect-enhancing alternative, first requires an analysis of the dominant “mere technicality” vision of the Fourth Amendment. That vision seems at odds with ...
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 |