From Black Power to Hip Hop: Discussing Race, Policing, and the Fourth Amendment Through the ‘War On’ Paradigm

The Journal of Gender, Race & Justice, 15, 2012

33 Pages Posted: 18 Nov 2018

Date Written: January 16, 2012

Abstract

This article argues that the Fourth Amendment was once the lynchpin to privacy rights and protection from the abuse of state power, but more recently, it has been stripped of its ability to keep state actors at bay. Worse, the lack of the Fourth Amendment’s power to protect “the people” produces a specter of legal violence against young black men in manner that more deeply entrenches anti-Blackness into the American socio-legal conscious. I argue that our reliance on the “War On” (drugs, crime, terror) paradigm not only fails constitutional principles of justice and equality; it also reproduces the long history of Black suffering inside and outside American law. Black Power activists well argued this phenomenon and so also do the artists of Hip Hop.

Keywords: Race, Policing, Fourth Amendment, Stop and Frisk, Hip Hop, Black Power, KRS One

Suggested Citation

Tibbs, Donald F., From Black Power to Hip Hop: Discussing Race, Policing, and the Fourth Amendment Through the ‘War On’ Paradigm (January 16, 2012). The Journal of Gender, Race & Justice, 15, 2012. Available at SSRN: https://ssrn.com/abstract=3274067

Donald F. Tibbs (Contact Author)

Thomas R. Kline School of Law ( email )

3320 Market Street
Suite 274
Philadelphia, PA 19104
United States
215-571-4773 (Phone)

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