| Book Review | The American Historical Review, 112.4

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| Book Review | The American Historical Review, 112.4 | The History Cooperative

Book Review

Canada and the United States

Andrew E. Taslitz. Reconstructing the Fourth Amendment: A History of Search and Seizure, 1789–1868. New York: New York University Press. 2006. Pp. xi, 363. $50.00.
Andrew E. Taslitz is especially troubled by the differential application of the Fourth Amendment to racial minorities. His engaging book is both strengthened and weakened by his desire to tie such a modern Fourth Amendment concern to its historical legacy. He seeks to recapture this amendment by reconstructing the history that led to its inclusion in the Bill of Rights and by examining search and seizure issues that preceded the adoption of the Fourteenth Amendment, through which the Supreme Court has subsequently applied these provisions to the states.	1
Taslitz views the Fourth Amendment as "an attempt to tame political violence, ensuring its service to the 'security' of a free People by prohibiting unreasonable exercises of the state's use of force" (p. 4). He believes that the authors of the amendment particularly intended to protect "interests in privacy [though they did not use this specific term], property, and freedom of movement" (p. 9), and he is especially concerned about the effect that improper searches have on both individual and group perceptions. Beyond its particulars, he finds that the Fourth Amendment expresses a concern for "respect," which he connects to "status or esteem" (p. 10). He shows how the American Founders linked their protection against unreasonable searches and seizures to their antipathy to political "slavery."	. . .

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