Spalding traces the roots of American progressives to German thinkers who believed in the "Administrative State." Here, government is controlled by administrators and "experts," rather than officials elected to represent the people. Spalding also notes that the Founders and the progressives differed in their view of the Constitution. Progressives believed in a "...
Entick v. Carrington (1765)
This case, decided in England in 1765, established that any trespass unto another person's property must be justified by law through an official warrant handed down by a justice of the peace. According to this ruling, warrants must be specific in nature, and there must also be reasoning for the warrant. Lord Camden made it clear that if a warrant was issued without just cause, said warrant was against the law.
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- Wilkes v. Wood (1763)
- Pre-Founding and 18th Century Quotes on the Fourth Amendment
- Massachusetts Constitution of 1780, Pt. 1, Art. 14
- William Blackstone, Commentaries 1:137--38
- Olmstead v. United States (1928)
- Sir Edward Coke, Second Institute 45, 55
- St. George Tucker, Blackstone's Commentaries 1:App. 301--4
- Delaware Declaration of Rights and Fundamental Rules
- William Blackstone, Commentaries, 4:298--307, 317--19, 342--50, 352--55
- Recovering The Original Fourth Amendment