Reconstructing The Fourth Amendment

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Reconstructing The Fourth Amendment
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Author : Andrew E. Taslitz
language : en
Publisher: NYU Press
Release Date : 2009-03
Reconstructing The Fourth Amendment written by Andrew E. Taslitz and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-03 with Law categories.
The 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. Historical amnesia has obscured the Fourth Amendment's positive aspects, and Andrew E. Taslitz rescues its forgotten history in Reconstructing the Fourth Amendment, which includes two novel arguments. First, that the original Fourth Amendment of 1791—born in political struggle between the English and the colonists—served important political functions, particularly in regulating expressive political violence. Second, that the Amendment’s meaning changed when the Fourteenth Amendment was created to give teeth to outlawing slavery, and its focus shifted from primary emphasis on individualistic privacy notions as central to a white democratic polis to enhanced protections for group privacy, individual mobility, and property in a multi-racial republic. With an understanding of the historical roots of the Fourth Amendment, suggests Taslitz, we can upend negative assumptions of modern search and seizure law, and create new institutional approaches that give political voice to citizens and safeguard against unnecessary humiliation and dehumanization at the hands of the police.
Encyclopedia Of The Fourth Amendment
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Author : John R. Vile
language : en
Publisher: CQ Press
Release Date : 2012-12-15
Encyclopedia Of The Fourth Amendment written by John R. Vile and has been published by CQ Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-15 with Reference categories.
Covering the key concepts, events, laws and legal doctrines, court decisions, and litigators and litigants, this new reference on the law of search and seizure—in the physical as well as the online world—provides a unique overview for individuals seeking to understand the Fourth Amendment to the U.S. Constitution. More than 900 A to Z entries cover the key issues that surround this essential component of the Bill of Rights and the linchpin of a right to privacy. This two-volume reference—from the editors of CQ Press’s award-winning Encyclopedia of the First Amendment—features a series of essays that examine the historical background of the Fourth Amendment along with its key facets relating to: Technology Privacy Terrorism Warrant requirement Congress States A to Z entries include cross-references and bibliographic entries. This work also features both alphabetical and topical tables of contents as well as a comprehensive subject index and a case index.At a time when threats of crime and terrorism have resulted in increased governmental surveillance into personal lives, this work will serve as an important asset for researchers seeking information on the history and relevance of legal rights against such intrusions. Key Features: More than 900 signed entries, including 600 court cases and 100 biographies Preface by noted journalist Nat Hentoff From the editors of CQ Press’s award-winning Encyclopedia of the First Amendment
Study Of Reconstruction Finance Corporation
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Author : United States. Congress. Senate. Committee on Banking and Currency
language : en
Publisher:
Release Date : 1951
Study Of Reconstruction Finance Corporation written by United States. Congress. Senate. Committee on Banking and Currency and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1951 with categories.
The Civil War And Reconstruction Eras
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Author : John R. Vile
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2017-10-27
The Civil War And Reconstruction Eras written by John R. Vile and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-27 with History categories.
The carefully selected and edited readings in this book are chronologically arranged so that students can trace the progression of events and understand the thoughts of those living during the critical Civil War and Reconstruction periods. Both the Civil War and Reconstruction were pivotal moments in American history that have shaped race relations, perceptions of national power, and the relations between the national government and the states. Powerful political figures, who were often guided by lofty motives, found themselves caught up in circumstances that were largely beyond their direct control. Issues often proved far more complex than anticipated, and many initial "solutions" that were set in motion more than 130 years ago continue to affect current U.S. politics. This book provides American history students and teachers with a handy reference that examines all important aspects of the Civil War and Reconstruction eras. The author models how an expert scholar interacts with primary sources, thereby providing guidance that shows readers how to pick apart and critically evaluate firsthand the key documents chronicling these major events in American history. The deftly edited readings in this book are presented in chronological order so that students can trace the progression of events and thinking of various individuals during the critical Civil War and Reconstruction periods. Annotations explain key terms and highlight key portions of laws, presidential speeches and orders, Supreme Court decisions, and other sources from the period.
The Civil War Era And Reconstruction
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Author : Mary Ellen Snodgrass
language : en
Publisher: Routledge
Release Date : 2015-03-26
The Civil War Era And Reconstruction written by Mary Ellen Snodgrass and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-26 with Business & Economics categories.
The encyclopedia takes a broad, multidisciplinary approach to the history of the period. It includes general and specific entries on politics and business, labor, industry, agriculture, education and youth, law and legislative affairs, literature, music, the performing and visual arts, health and medicine, science and technology, exploration, life on the Western frontier, family life, slave life, Native American life, women, and more than a hundred influential individuals.
Study Of Reconstruction Finance Corporation Hearings Before A Subcommittee Of 81 2 1950
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Author : United States. Congress. Senate. Committee on Banking and Currency
language : en
Publisher:
Release Date : 1950
Study Of Reconstruction Finance Corporation Hearings Before A Subcommittee Of 81 2 1950 written by United States. Congress. Senate. Committee on Banking and Currency and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1950 with categories.
War Politics And Reconstruction
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Author : Henry Clay Warmoth
language : en
Publisher: Univ of South Carolina Press
Release Date : 2006
War Politics And Reconstruction written by Henry Clay Warmoth and has been published by Univ of South Carolina Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Biography & Autobiography categories.
A new edition of the notorious carpetbagger's personal and political memoir A memoir of the ambitious life and controversial political career of Louisiana governor Henry Clay Warmoth (1842-1931), War, Politics, and Reconstruction is a firsthand account of the political and social machinations of Civil War America and the war's aftermath in one of the most volatile states of the defeated Confederacy. An Illinois native, Warmoth arrived in Louisiana in 1864 as part of the federal occupation forces. Upon leaving military service in 1865, he established himself in private legal practice in New Orleans. Taking full advantage of the chaotic times, Warmoth rapidly amassed fortune and influence, and soon emerged as a leader of the state's Republican Party and, in 1868, was elected governor. Amid an administration rife with scandal and corruption, the Louisiana Republican Party broke into warring factions. Warmoth survived an impeachment attempt in 1872, but a second attempt in 1873 culminated with his removal from office. This fall from Republican grace stemmed from his allegiance with white conservatives, remnants of the old guard, and staunch opponents of those Republicans who sought a wider role for African Americans in Louisiana's changing political landscape. Never again to hold political office, Warmoth remained in his adopted Louisiana, enjoying the fruits of his investments in plantations and sugar refineries. In 1930, the year before his death, he published War, Politics, and Reconstruction, a vindication of his public life and a rebuttal of his reputation as an opportunistic carpetbagger. Despite Warmoth's obvious self-serving biases, the volume offers unparalleled depth of personal insight into the inner workings of Reconstruction government in Louisiana in the words of one of its key architects. A new introduction by John C. Rodrigue places Warmoth's memoir within the broader context of evolving perceptions and historiography of Reconstruction. Rodrigue also offers readers a more balanced portrait of Warmoth by providing supplemental information omitted or slighted by the author in his efforts to cast his actions in the most positive light.
The Supreme Court S Retreat From Reconstruction
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Author : Frank J. Scaturro
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2000-03-30
The Supreme Court S Retreat From Reconstruction written by Frank J. Scaturro and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-03-30 with Law categories.
As the nation turned its back on Reconstruction, the Supreme Court in turn narrowed Thirteenth-, Fourteenth-, and Fifteenth-Amendment protections of former slaves, thus straying from the understanding of the amendments' framers. Tracking a long line of cases that employed narrow constructions of these amendments and accompanying statutes, this study compares the Court's propositions to the framers' own interpretations. The resulting portrait makes it clear that the Court contributed in a significant way to the nation's retreat from Reconstruction. Before analyzing the relevant cases, Scaturro provides a historical synopsis of the collapse of Reconstruction. The final section demonstrates how the twentieth-century Court handed down decisions that accommodated the demands of the Civil Rights Movement, but did so with constitutional interpretations that preserved several misunderstandings about the Reconstruction Amendments, especially the Fourteenth. This study helps to resolve a contemporary dilemma regarding the consequences of the Court's narrowing of the Interstate Commerce Clause. It also challenges long standing assumptions about the state action requirement of the Fourteenth and Fifteenth Amendments as well as the Fourteenth Amendment's Privileges and Immunities Clause. Besides being valuable to Supreme Court historians, the subject matter of this volume, which covers both constitutional law and legal history, will be of substantial interest to lawyers, judges, and political scientists, particularly in view of recent developments on the high Court. The lessons taught by this chapter of Supreme Court jurisprudence offer insight into constitutional interpretation in general, and the conclusion develops this idea by looking at the problematic interaction between law and outside historical influences.
The End Of The Second Reconstruction
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Author : Richard Johnson
language : en
Publisher: John Wiley & Sons
Release Date : 2020-06-30
The End Of The Second Reconstruction written by Richard Johnson and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-30 with Political Science categories.
Democracy in the United States is under threat. The Trump administration’s attack on the legacy of the civil rights movement is undermining America’s claims to be a multi-racial democracy. This moment of peril has worrying parallels with a previous era of American history. The gains of the Reconstruction era after the civil war, which saw African Americans given full democratic rights, were totally reversed within a generation. There is a serious risk that the advances of the civil rights era – the ‘Second Reconstruction’ – will go the same way unless we learn from the past and appreciate that American democracy has never been a story of linear progress. Skilfully analysing the similarities – and the differences – between the 1870s and the 2010s, Johnson outlines a political strategy for avoiding a disastrous repetition of history in in the twilight of the Second Reconstruction. Anyone interested in seeing the Trump presidency in wider historical context, from students of race, politics and history in the US to the interested general reader, will find this book an essential and sobering guide to our past – and, if we’re not careful, our future.
Ohio State Journal Of Criminal Law
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Author :
language : en
Publisher:
Release Date : 2013
Ohio State Journal Of Criminal Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Criminal justice, Administration of categories.