Fundamental Differences Between Search And Seizure Policies

Some of the fundamental differences between the Americans and English were the idea of a monarchy, the search and seizure policies, and their judicial interpretations. In England, when the Magna Carta was written, it was used to limit the king’s power without completely taking it away. In America, the Constitution was written in such a way that the president’s power was equal to that of the other two branches of government. America was afraid of a ruler becoming too strong. Another contrast was the policy of search and seizure. The British created the writs of assistance, which allowed the government to take the property of anyone under the suspicion of any crime. The fourth amendment of the Constitution, however, protected anyone from the
unlawful confiscation of any property. One other major difference was the idea of judicial interpretation. England used the idea of common law, which stated that verdicts were made based on the previous decisions of other judges. In contrast, America used the Constitution as the basis for legal decisions. The tying of judicial decisions to the Constitution has led to one of the key issues in the current election. Donald Trump promises to appoint Supreme Court Justices that are strict Constitutionalists, while Hillary Clinton sees more of an evolving legal system, much more similar to common law. Monarchy, search and seizure, and judicial interpretations are just three of the ideas that separated the British and the Americans.