The History and Development of the Fourth Amendment to the United States Constitution

1938 ◽  
Vol 24 (3) ◽  
pp. 351
Author(s):  
George W. Spicer ◽  
Nelson B. Lasson
2014 ◽  
Vol 30 (3) ◽  
pp. 214-217
Author(s):  
Charles Marowitz

On 13 October 2012, Lenny Bruce, had he not accidentally overdosed on narcotics (or committed suicide – the jury is still out on that one), would be eighty-seven years old. It is, of course, a thoroughly incredible notion – like an octogenarian Mozart, a super annuated Janis Joplin, or James Dean signing up for a senior citizen pension. Poètes maudits, doomed rock icons, and self-destructive superstars are supposed to die young. Their myth demands it, and we wouldn't have it any other way.Bruce at forty-one, perched on a toilet bowl with a spike in his right arm and his last typed words (‘conspiracy to interfere with the Fourth Amendment const—’) in the barrel of his still humming electric typewriter, died characteristically. He was always associated with toilet humour and throughout the last decade of his life ex hausted himself trying to demonstrate that the United States Constitution protected the free speech for which one court after another mercilessly prosecuted him. (The Fourth Amendment, incidentally, protects citizens from ‘unreasonable searches and seizures’ and, along with the state's First Amendment violations, was as much responsible for his downfall as the cocaine and morphine.)


2020 ◽  
Vol 32 (5) ◽  
pp. 276-284
Author(s):  
William J. Jefferson

The United States Supreme Court declared in 1976 that deliberate indifference to the serious medical needs of prisoners constitutes the unnecessary and wanton infliction of pain…proscribed by the Eighth Amendment. It matters not whether the indifference is manifested by prison doctors in their response to the prisoner’s needs or by prison guards intentionally denying or delaying access to medical care or intentionally interfering with treatment once prescribed—adequate prisoner medical care is required by the United States Constitution. My incarceration for four years at the Oakdale Satellite Prison Camp, a chronic health care level camp, gives me the perspective to challenge the generally promoted claim of the Bureau of Federal Prisons that it provides decent medical care by competent and caring medical practitioners to chronically unhealthy elderly prisoners. The same observation, to a slightly lesser extent, could be made with respect to deficiencies in the delivery of health care to prisoners of all ages, as it is all significantly deficient in access, competencies, courtesies and treatments extended by prison health care providers at every level of care, without regard to age. However, the frailer the prisoner, the more dangerous these health care deficiencies are to his health and, therefore, I believe, warrant separate attention. This paper uses first-hand experiences of elderly prisoners to dismantle the tale that prisoner healthcare meets constitutional standards.


2015 ◽  
Vol 43 (2) ◽  
pp. 177-200
Author(s):  
Stephen Gageler

James Bryce was a contemporary of Albert Venn Dicey. Bryce published in 1888 The American Commonwealth. Its detailed description of the practical operation of the United States Constitution was influential in the framing of the Australian Constitution in the 1890s. The project of this article is to shed light on that influence. The article compares and contrasts the views of Bryce and of Dicey; Bryce's views, unlike those of Dicey, having been largely unexplored in contemporary analyses of our constitutional development. It examines the importance of Bryce's views on two particular constitutional mechanisms – responsible government and judicial review – to the development of our constitutional structure. The ongoing theoretical implications of The American Commonwealth for Australian constitutional law remain to be pondered.


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