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Are cops consitutitional? - Open Knowledge — LiveJournal

Dec. 7th, 2003

03:42 pm - Are cops consitutitional?

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Via infojunkies:


Seton Hall Constitutional L.J. 2001, 685


Roger Roots*


Police work is often lionized by jurists and scholars who claim to employ "textualist" and "originalist" methods of constitutional interpretation. Yet professional police were unknown to the United States in 1789, and first appeared in America almost a half-century after the Constitution's ratification. The Framers contemplated law enforcement as the duty of mostly private citizens, along with a few constables and sheriffs who could be called upon when necessary. This article marshals extensive historical and legal evidence to show that modern policing is in many ways inconsistent with the original intent of America's founding documents. The author argues that the growth of modern policing has substantially empowered the state in a way the Framers would regard as abhorrent to their foremost principles.


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Date:December 7th, 2003 12:54 pm (UTC)

Good article

After I saw The Hunter, I looked into bounty hunters which led me to how US Marshals exist and how they applied to the Constitution. It left me with the feeling expressed by the last excerpt sentence. I started to wonder how the country would be with citizenry acting to keep itself lawful. It seemed perfectly natural to me. The police state is about the most unnatural thing to come about and is a result of a lazy citizenry.
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