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Dead Constitution See other Dead Constitution Articles Title: ARE COPS CONSTITUTIONAL? It's a long article, and appears to be a good article. I have not read it and probably won't. I only skimmed the beginning. I am not going to post the entire thing...just wanted to make you aware of it. Seton Hall Constitutional L.J. 2001, 685 ARE COPS CONSTITUTIONAL? Roger Roots* ABSTRACT Police work is often lionized by jurists and scholars who claim to employ "textualist" and "originalist" methods of constitutional interpretation. Yet professional police were unknown to the United States in 1789, and first appeared in America almost a half-century after the Constitution's ratification. The Framers contemplated law enforcement as the duty of mostly private citizens, along with a few constables and sheriffs who could be called upon when necessary. This article marshals extensive historical and legal evidence to show that modern policing is in many ways inconsistent with the original intent of America's founding documents. The author argues that the growth of modern policing has substantially empowered the state in a way the Framers would regard as abhorrent to their foremost principles. PART I INTRODUCTION................................................................686 THE CONSTITUTIONAL TEXT..............................................688 PRIVATE PROSECUTORS....................................................689 LAW ENFORCEMENT AS A UNIVERSAL................................692 POLICE AS SOCIAL WORKERS.............................................695 THE WAR ON CRIME..........................................................696 THE DEVELOPMENT OF DISTINCTIONS................................698 RESISTING ARREST............................................................701 THE SAFETY OF THE POLICE PROFESSION............................711 PROFESSIONALISM?..........................................................713 DNA EVIDENCE ILLUSTRATES FALLIBILITY OF POLICE........716 COPS NOT COST-EFFECTIVE DETERRENT.............................721 PART II POLICE AS A STANDING ARMY...........................................722 THE SECOND AMENDMENT........725 THE THIRD AMENDMENT...................................................727 THE RIGHT TO BE LEFT ALONE...........................................728 THE FOURTH AMENDMENT................................................729 WARRANTS A FLOOR, NOT A CEILING.................................733 PRIVATE PERSONS AND THE FOURTH AMENDMENT..............734 ORIGINALISTS CALL FOR CIVIL DAMAGES...........................739 DEVELOPMENT OF IMMUNITIES..........................................743 THE LOSS OF PROBABLE CAUSE, AND THE ONSET OF PROBABLE SUSPICION................................................744 POLICE AND THE "AUTOMOBILE EXCEPTION"......................745 ONE EXCEPTION: THE EXCLUSIONARY RULE?......................747 THE FIFTH AMENDMENT....................................................751 DUE PROCESS...................................................................752 ENTRAPMENT...................................................................754 CONCLUSION...................................757.............. ...The Founders could not have envisioned 'police' officers as we know them today. The term "police" had a slightly different meaning at the time of the Founding.39 It was generally used as a verb and meant to watch over or monitor the public health and safety.40 In Louisiana, "police juries" were local governing bodies similar to county boards in other states.41 Only in the mid-nineteenth century did the term 'police' begin to take on the persona of a uniformed state law enforcer.42 The term first crept into Supreme Court jurisprudence even later.43.... Post Comment Private Reply Ignore Thread Top • Page Up • Full Thread • Page Down • Bottom/Latest Begin Trace Mode for Comment # 2.
#2. To: AllTheKings'HorsesWontDoIt, *libertarians* (#0)
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