Download Constructing civil liberties: discontinuities in the by Ken I. Kersch PDF

By Ken I. Kersch

This account of the advance of the ultimate Court's sleek civil liberties and rights jurisprudence argues that the courts' intended "new crisis" for "personal freedoms" (after the recent Deal) truly built because the outgrowth of a series of hugely specific progressive-reformist ideological currents that shaped the trendy American country. The book's theoretically-informed account of key paths of constitutional improvement hence weaves American political proposal, American political improvement, and constitutional legislations jointly.

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The progressive triumph over the privacy claims made by economic actors in the late-nineteenth and early-twentieth centuries gave the government broad, seeing powers that left few limits on both the power of government to “see” in the public interest (whether businesses were the target or not) and the highly invasive discovery process in lawsuits through which (as the Clinton impeachment usefully demonstrated) all sorts of noneconomic personal matters were potentially exposed to public view. Progressives continued their frank assault on both privacy rights and criminal process rights, broadly considered, in their struggles on behalf of prohibition.

De guerre concerning the Fourth Amendment beThere existed a drole tween the time of its ratification and the onset of the late-nineteenth-century project of legibility undertaken as a principal endeavor of the process of central-state construction. 15 And, with relatively limited federal activity, criminal investigations were few and far between, and statist federal regulatory invasions and data collection efforts were distinct rarities. It is worth noting, however, that appeals to state constitutional proscriptions against unreasonable searches and seizures were similarly rare.

Manning, 2 H & G 147 (June 1828 [Md]). Hazlett, “Nineteenth Century Origins,” 242–51. See also Akhil Reed Amar and Renee B. Lettow, “Fifth Amendment First Principles: The Self-Incrimination Clause,” Michigan Law Review 93 (1995): 857–928, esp. 913–14; Amar, Constitution and Criminal Procedure, 46– 88. Hazlett does not note that in their original state constitutions Delaware and Maryland did expressly extend the self-incrimination privilege to witnesses as well as defendants and beyond criminal trials to civil proceedings.

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