Constitutional Limits on Private Policing and the State’s Al

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Constitutional Limits on Private Policing and the State’s Al

Postby Grizzly » Thu Aug 09, 2018 12:45 pm

Constitutional Limits on Private Policing and the State’s Allocation of Force
https://scholarship.law.duke.edu/dlj/vol59/iss3/3/
M. Rhead Enion
Abstract

This Note argues that a variety of "private police" forces, such as university patrols and residential security guards, should. be held to the constitutional limitations found in the Bill of Rights. These private police act as arms of the state by supplying force in response to a public demand for order and security. The state, as sovereign, retains responsibility to allocate force, in the form of either public or private police, in response to public demand. This state responsibility-a facet of its police power-is evidenced throughout English and American history. When this force responds to a public demand for order and security, existing state action doctrine case law places both public and private force tinder constitutional scrutiny.
Citation

M. Rhead Enion, Constitutional Limits on Private Policing and the State’s Allocation of Force, 59 Duke Law Journal 519-553 (2009)
Available at: https://scholarship.law.duke.edu/dlj/vol59/iss3/3
If Barthes can forgive me, “What the public wants is the image of passion Justice, not passion Justice itself.”
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Re: Constitutional Limits on Private Policing and the State’

Postby Elvis » Thu Aug 09, 2018 2:25 pm

Constitutional Limits on Private Policing and the State’s Allocation of Force

Despite growing "ho hum" attitudes among certain quarters dismissing the U.S. constitution as outdated, flawed, irrelevant, etc., at the end of the day, the constitution, as a contract, is all we got to hold "power" accountable. But thanks to poor "self government" it's fast becoming a sick joke.
"Frankly, I don't think it's a good idea but the sums proposed are enormous."
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Re: Constitutional Limits on Private Policing and the State’

Postby Grizzly » Thu Aug 09, 2018 6:13 pm

C+ Augustus, aka Bush the Jr. was known to say, "The Constitution was just a god-damned piece of paper"
If Barthes can forgive me, “What the public wants is the image of passion Justice, not passion Justice itself.”
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