The Fourth Amendment : origins and original meaning, 602-1791 / William J. Cuddihy.
2009
KF9630 .C83 2009 (Map It)
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Details
Title
The Fourth Amendment : origins and original meaning, 602-1791 / William J. Cuddihy.
Published
Oxford ; New York : Oxford University Press, [2009]
Copyright
©2009
Call Number
KF9630 .C83 2009
ISBN
9780195367195 (hardback : acid-free paper)
0195367197 (hardback : acid-free paper)
0195367197 (hardback : acid-free paper)
Description
lxviii, 940 pages ; 26 cm
System Control No.
(OCoLC)233798916
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Gift
Purchased from the income of the George W. Murray Fund
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the George W. Murray Fund
Table of Contents
Pt. I
The Emergence of the Concept of Unreasonable Search and Seizure, to 1642
1
1
English Thought on Search and Seizure to 1642
3
2
Search and Seizure in England Before 1485
27
3
The English Law of Search and Seizure, 1485-1642
43
4
The English Practice of Search and Seizure, 1485-1642
69
Pt. II
The Emergence of the General Warrant as an Unreasonable Search and Seizure
103
5
English Thought on Search and Seizure, 1642-1700
105
6
The General Warrant in Intellectual and Political Perspective, 1642-1700
129
7
Search and Seizure in England, 1642-1700: The Legal Background to the English Critique of General Warrants
147
8
Colonial Thought Respecting Search, Seizure, and the Illegitimacy of General Warrants, to 1760
175
9
Colonial Legislation Regarding Search and Seizure, to 1760
191
10
Colonial Search Warrants and Their Enforcement, to 1760, in Relation to the Search Warrant Clause of the Fourth Amendment
231
11
Colonial Searches by the Customs Services of England and Great Britain, to 1760
253
Pt. III
The Evolution of the Specific Warrant as the Orthodox Method of Search and Seizure, to 1760
263
12
English and British Advocacy of the Specific Warrant, to 1760
265
13
English and British Advocacy of the Specific Warrant in Intellectual and Political Context, 1700-1760
279
14
Search and Seizure in Great Britain, 1700-1760: The Legal Background to the Specific Warrant Clause
295
15
The Colonial Roots of the Specific Warrant Clause: Search and Seizure in Massachusetts, to 1760
327
16
The Political Background to the Emergence of the Specific Warrant in Massachusetts, to 1760
343
17
Paxton's Case and the Writs of Assistance Controversy in Massachusetts, 1755-1762
377
Part IV
18
Developments in Search and Seizure Beyond the Transition to Specific Warrants, to 1760
407
Pt. V
Developments in Search and Seizure, 1760-1776
437
19
The Wilkes Cases: Search and Seizure in Great Britain, 1761-1776
439
20
The Writs of Assistance Controversy, 1761-1776: The Awakening of Hostility to General Search and Seizure Throughout the Colonies
489
21
Colonial Responses to the Controversies over Wilkes, General Warrants, and Writs of Assistance: The Widening Opposition to General Warrants
537
22
Issues Correlative to the Search Warrant, 1761-1776
577
Pt. VI
The Emergence of the Fourth Amendment, 1776-1791
599
23
American Search and Seizure, 1776-1787: The Years of Paradox
601
24
The Formation and Original Meaning of the Fourth Amendment, 1787-1791
669
Afterword
773
Appendixes
A
Monographic Sources on the Authors of English Legal Treatises, 1168-1581
783
B
Searches and Seizures Respecting the British Guilds, 1298-1692
786
B-1
Guild Searches Restricted to the Premises of Artisans of the Corresponding Professions
786
B-2
Guild Searches Unrestricted to the Premises of Artisans of the Corresponding Professions
790
C-1
Forms of Search Warrants in English Legal Treatises, 1618-1640
795
C-2
Forms of Search Warrants in English Legal Treatises, 1642-1700
795
C-3
Forms of Search Warrants in British Legal Treatises, 1700-1760
797
C-4
Forms of Search Warrants in Colonial Legal Treatises, to 1760
808
C-5
Typical Search Warrants in the Colonies Before 1760
809
D
Votes of Massachusetts Towns on the Excise of 1754
814
D-1
Negative Votes: Towns That Rejected the Excise Bill of 1754
814
D-2
Positive Votes: Towns That Approved the Excise of 1754
817
D-3
Poll Tax Assessments of Towns That Voted on the Excise of 1754
819
D-4
Abstention Votes: Towns That Resolved to Abstain From Voting on the Excise Bill
820
D-5
"Silent Towns I": Towns in Which the Excise Bill Appeared on the Agenda for a Town Meeting but Not in the Records for That Meeting or for Any Later
820
D-6
"Silent Towns II": Towns with Surviving Meeting Records for July-October 1754 that Do Not Mention the Excise Bill
821
D-7
"Record Gaps": Towns with Records Commencing before 1754 but Missing When Massachusetts Towns Debated the Excise Bill of 1754
825
D-8
Undocumented Towns: Towns that Either Generated No Meeting Records or for Which Previously Extant Records are Now Lost
825
D-9
"Fictitious Towns": Towns Claimed by Massachusetts but Outside Its Boundaries in 1754
827
E-1
The Primary Sources on Paxton's Case (1761)
829
E-2
Secondary Sources on Paxton's Case (1761)
833
F-1
British Documents Respecting Civil Rights and Liberties, 1628 to 1760
835
F-2
Colonial Precursors to the American Constitution, to 1760
836
G-1
The Wilkes Cases
843
G-2
Leading Secondary Sources of the Wilkes Affair
845
H-1
Colonial Publications and Press Reports Respecting John Wilkes and His Role in The North Briton Forty-Five
847
H-2
Pronouncements by the Continental Congress on Unreasonable Search and Seizure, 21, 26 Oct. 1774: Pamphlet and Newspaper Reprints
850
I
State Constitutions of 1776-1784 that Ignored Search and Seizure
852
J
The Massachusetts Constitution of 1780 in Relation to Search and Seizure: Ratification Returns
855
J-1
Votes on Section 14 of the Massachusetts Constitution of 1780: 42 towns
855
J-2
Votes on Segments of the Massachusetts Constitution of 1780 that Included the Article on Search and Seizure: 61 towns
857
J-3
Votes on the Massachusetts Constitution or Declaration of Rights of 1780 as a Whole: 73 towns
860
J-4
Votes of Approximate Number on the Constitution of 1780: 11 towns
863
J-5
Votes on the Massachusetts Constitution: Result but Not Margin of Vote Recorded: 26 towns
864
J-6
Towns that Voted Only on Parts of the Constitution that Did Not Concern Search and Seizure: 3 towns
865
J-7
Towns that Voted on Proposals to Amend the Constitution but Not on the Constitution Itself: 10 towns
866
J-8
Towns that Voted on the Constitution, but the Substance of the Vote Does Not Survive: 1 town
866
J-9
Towns that Placed the Constitution on the Agenda for at Least One Town Meeting but Did Not Record the Substance of the Resulting Vote: 3 towns
866
J-10
Ambiguous Reports: 3 towns
866
J-11
Towns that Voted Not to Vote on the Constitution of 1780 or to Send No Return: 7 towns
867
J-12
Towns with Records Predating the Constituion that Are Missing or Blank for the Period When It Was before the Towns: 3 towns
867
J-13
Towns with Records for 1780 that Mention No Vote on the Constitution of that Year; 22 towns
868
J-14
Towns Whose Earliest Records Start after 1780: 26 towns
869
J-15
Fictitious Towns: Towns in the Massachusetts Tax Act of 1780 that Were Located in Other Jurisdictions: 4 towns
871
K
The Authorship of the State Constitutions of 1776-84 and of Their Statements on Search and Seizure
872
L
Search and Seizure by Quasi-Official and Unofficial Institutions Before the Revolution
875
M
The Effects of Plunder on Opinion Respecting Search and Seizure during the American Revolution
880
N-1
Secondary Sources on the State Ratifying Conventions 1787-1788
883
N-2
Ratifications by the State Legislatures in Chronological Sequence
898
O
An Inventory of Manuscripts that Congressmen Wrote While Drafting the Fourth Amendment
900
P
Forms of Search Warrants in American Legal Treatises, 1792-1820
904
Q
Origins of the Affirmation Phrase
906
Table of Cases
911
Index
919