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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... VIOLENCE AND THE ORIGINAL FOURTH AMENDMENT 15 2 Violence as Political Expression 17 3 The Quantity and Quality of Evidence 45 4 Modern Implications I: Peoplehood and Interbranch Responsibilities 55 5 Modern Implications II: Precedent ...
... Violence as Politics In the now-classic movie The Matrix the humans of the future are almost entirely enslaved by intelligent machines, which have created a “matrix,” a massive, shared, interactive computer program that simultaneously ...
... violence into the real world, crushing the machines' tyranny, replacing it with the laws of a unified mankind and human love.3 Perhaps only a law professor would see in The Matrix a metaphor for the origins and social function of the ...
... violence. For republicans too, therefore, the Fourth Amendment channels state force to productive purposes.11 For both liberals and republicans, the use of state violence to enforce the laws—modernly, the function of the police—is thus ...
... violence and the People from subjugation to a power other than their own. Making this point clear requires an explanation of the meaning of the “common law” and its significance in interpreting the Fourth Amendment and an explanation of ...
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 |