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The Background Of The Fourth Amendment To The Constitution Of The United States, Part Two, Joseph J. Stengel
The Background Of The Fourth Amendment To The Constitution Of The United States, Part Two, Joseph J. Stengel
University of Richmond Law Review
Upon the conclusion of the Constitutional Convention in 1787 and after the proposed Constitution was submitted by Congress to the states for ratification, there arose a clamor concerning the absence of a bill or declaration of rights therein. Scholars have disagreed as to the basis for this controversy. Story says that the demand was "a matter of very exaggerated declamation and party zeal, for the mere purpose of defeating the Constitution." Cooley concludes that leading statesmen made the want of a bill of rights in the Constitution the ground of a "decided, earnest, and formidable opposition to the confirmation of …
The Background Of The Fourth Amendment To The Constitution Of The United States, Joseph J. Stengel
The Background Of The Fourth Amendment To The Constitution Of The United States, Joseph J. Stengel
University of Richmond Law Review
It is generally agreed that the antecedent history of the Fourth Amendment to the Constitution of the United States is concerned primarily with those events that took place in England and the AmericanColonies in the thirty years immediately preceding the adoption of the Amendment. However, it also seems clear that it was the executive abuse of search and seizure in England throughout the centuries that led to those events. The search for the reason "why" of the Fourth Amendment should then logically begin with the earliest recorded events, statutes and cases involving search and seizure in English history and be …