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Ben Franklin's World

262 Interpreting the Fourth Amendment (Doing History 4)

Ben Franklin's World

Liz Covart

Earlyrepublic, History, Benfranklin, Society & Culture, Warforindependence, Earlyamericanrepublic, Earlyamericanhistory, Education, Colonialamerica, Americanrevolution, Ushistory, Benjaminfranklin

4.61.5K Ratings

🗓️ 29 October 2019

⏱️ 63 minutes

🧾️ Download transcript

Summary

History is an important tool when it comes to understanding American law.

History is what the justices of the United States Supreme Court use when they want to ascertain what the framers meant when they drafted the Constitution of 1787 and its first ten amendments in 1789. History is also the tool we use when we want to know how and why the Supreme Court’s interpretation of the Constitution and its amendments have changed over time.


Sarah Seo, an Associate Professor of Law at the University of Iowa, Fourth Amendment expert, and the author of Policing the Open Road: How Cars Transformed American Freedom, joins us to investigate how and why the Supreme Court’s interpretation of the Fourth Amendment has changed over time and how that change has impacted the way the Fourth Amendment protects us from unreasonable search and seizures.

Show Notes: https://www.benfranklinsworld.com/262


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Transcript

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0:00.0

Ben Franklin's world is a production of the O'Mahandro Institute.

0:05.0

Congress of the United States begun and held at the City of New York on Wednesday, the 4th of March, 1,799.

0:13.7

The conventions of a number of the states, having at the time of their adopting the Constitution,

0:18.8

expressed a desire in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive

0:25.7

clauses should be added, and is extending the ground of public confidence in the government

0:30.4

will best ensure the beneficial ends to its institution.

0:34.0

Resolved by the Senate and the House of Representatives of the United States of America

0:39.0

in Congress assembled two-thirds of both houses concurring that the following articles be proposed to the legislatures of the several states as amendments to the Constitution of the United States, all or any of which articles, when ratified by three-fourths of the said

0:54.4

legislatures, to be valid to all intents and purposes as part of the said

0:58.5

Constitution. Hello and welcome to episode 262 of Ben Franklin's World.

1:13.0

The podcast dedicated to helping you,

1:15.4

learn more about how the people and events

1:17.2

of our early American past

1:18.8

have shaped the present day world we live in.

1:21.1

And I'm your host, Liz Kovvert. If we want to understand American law, we need

1:25.9

to understand history. History is what the justices of the United States Supreme Court

1:30.9

use whenever they need to ascertain the framers intent.

1:34.6

It's the tool that justices use to find answers to.

1:37.8

What did the founders mean when they drafted certain passages of the Constitution of 1787.

1:43.0

Or what did the framers mean when they created the Constitution's

1:46.8

First 10 amendments?

1:48.7

History helps judges and justices determine how to adapt the Constitution to meet the needs and

...

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