Description
Book SynopsisThe Fourth Amendment forbids ‘unreasonable searches and seizures’ and is the source of most constitutional constraints on policing. In this book, Michael J.Z. Mannheimer calls for a reimagination of what modern policing could look like based on the original understandings of the Fourth and Fourteenth Amendments.
Trade Review“A new theory of the Fourth Amendment is born. Michael Mannheimer’s bracingly original understanding of the Fourth Amendment posits that the Framers saw it as necessarily tied to state law. He argues that courts should continue this interpretation. His defense of these propositions is utterly convincing.”—George Thomas, Rutgers Law School
“This book provides an historical, ‘originalist’ grounding for the view that the Fourth Amendment, together with the Fourteenth Amendment, requires that police searches and seizures in every state be authorized by law and be applied even-handedly, but that otherwise state law, not federal constitutional law, should govern police investigations. No other author has as masterfully tied together the federalist underpinnings of the Fourth Amendment, the anti-discrimination aspects of the Fourteenth Amendment, and modern scholarship about the role democracy should play in regulating the police. This book will provoke not only new scholarship but innovative legal arguments in an era when the Supreme Court is increasingly interested in originalist interpretations.”—Christopher Slobogin, Milton Underwood Professor of Law, Vanderbilt University
Table of Contents
- Acknowledgments
- Introduction: The Upside-Down Fourth Amendment
- PART I: THE FOURTH AMENDMENT: ORIGINAL UNDERSTANDINGS
- Chapter 1: Two Models of the Fourth Amendment
- Chapter 2: The Local-Control Model of the Fourth Amendment
- Chapter 3: The Anti-Federalists and the Fourth Amendment
- Chapter 4: Original Understandings and Fourth Amendment Search Doctrine
- Chapter 5: The Contingent Common Law of Searches and Arrests
- PART II: THE FOURTEENTH AMENDMENT: ORIGINAL UNDERSTANDINGS
- Chapter 6: The Historical Backdrop of the Fourteenth Amendment
- Chapter 7: Does the Fourteenth Amendment Incorporate the Fourth?
- Chapter 8: Applying Constitutional Search-and-Seizure Constraints to the States Through the Fourteenth Amendment
- PART III: ORIGINAL UNDERSTANDINGS AND MODERN POLICING
- Chapter 9: The Principles of Nondiscrimination, Legality, and Nondelegation.
- Chapter 10: Rethinking Constitutional Constraints on Searches and Seizures
- Chapter 11: Original Understandings and Four Problems of Modern Policing
- Bibliography
