Tuesday, June 26, 2007

Fourth Amendment and History

Professor Thomas Y. Davies has also convincingly demonstrated that the U.S. Supreme Court's Fourth Amendment jurisprudence during the last 100 years has little to do with Framing Era historical realities. See Thomas Y. Davies, Recovering the Original Fourth Amendment

This raises a question. Will the Court give up:

1. Bad legal history.

2. Legal History.

3. Subscriptions to journals with good legal history.

N.B. If Professor Davies has his history right in the main (and I strongly suspect he does), the Court's current Fourth Amendment jurisprudence cannot be defended on the ground that it comports with, if not the letter, then the spirit of the Framers' view of the purposes of the Fourth Amendment; the Court has instead poured new wine into new bottles.
Post a Comment