The modern constitutional law of search and seizure permits wide-ranging, warrant less, suspicion less searches. These searches disproportionately harm racial minorities and the poor, and fail to promote the citizenry's trust in law enforcement or to truly protect public safety. As a sanction of this insult to privacy, many believe the Fourth Amendment to be a poor bulwark against state tyrannies and executive overreaching, yet historical amnesia has obscured the Fourth Amendment's positive aspects. Andrew E. Taslitz rescues its forgotten history in "Reconstructing the Fourth Amendment". With an understanding of the historical roots of the Fourth Amendment, he suggests, 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.
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