Are cops constitutional? -- a law review article wonders

[Declan McCullagh <declan () well com>]

[This is an interesting article that's worth reading. Info on the author is 
here: http://www.prisoncrisis.com/founder.html --Declan]

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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.

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Date: Wed, 3 Dec 2003 12:02:28 -0500
Subject: Are Cops Constitutional?
From: Bruce Chesley <excalibur25 () juno com>

     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 () constitution org>
     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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