[Politech] Are cops constitutional? -- a law review article wonders

From: Declan McCullagh (declan@private)
Date: Thu Dec 04 2003 - 11:53:54 PST

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    [This is an interesting article that's worth reading. Info on the author is 
    here: http://www.prisoncrisis.com/founder.html --Declan]
    
    ---
    
    http://www.constitution.org/lrev/roots/cops.htm
    
    Seton Hall Constitutional L.J. 2001, 685
    ARE COPS CONSTITUTIONAL?
    Roger Roots*
    
    ABSTRACT
    
    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.
    
    ---
    
    Date: Wed, 3 Dec 2003 12:02:28 -0500
    Subject: Are Cops Constitutional?
    From: Bruce Chesley <excalibur25@private>
    
          FYI.
    Bruce Chesley
    Truth is a terrible cross to bear.
    Tyranny, like hell, is not easily conquered.".  Thomas Paine
    Treason for $$$:  ALL "pro 2A" orgs.
    
    --------- Forwarded message ----------
    Date: Tue, 02 Dec 2003 15:38:55 -0600
    From: Jon Roland <jon.roland@private>
          We have uploaded a law review article, Are Cops Constitutional ?,
    Roger Roots, Seton Hall Constitutional L.J. 2001, 685.  It is at
    http://www.constitution.org/lrev/roots/cops.htm , and it's a pearl.  It
    covers a wide range of constitutional issues involving professional
    law enforcement, and cites a number of sources that are worth some
    further research.  I plan to also put up other articles by Roots, who,
    besides being a lawyer, is also a former federal prisoner.
    
    -- Jon
    
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