The Constitutional Challenges Awaiting Police Reform—and How Congress Can Try to Address Them Preemptively

California Law Review Online, Vol. 11, 2020

12 Pages Posted: 18 Sep 2020

See all articles by Matthew Stanford

Matthew Stanford

University of California, Berkeley - California Constitution Center

Date Written: July 2020

Abstract

The horrifying death of George Floyd under the knee of a Minneapolis police officer has thrust police reform back into the national discussion. As it should. The deaths of Floyd and countless other unarmed Black men and women in police custody make clear that much remains to be done before the United States rights its course in a violent history surrounding race and policing. While some racial justice advocates are calling to defund police departments, others remain focused on more surgical reform efforts. As November elections loom, incumbents have responded to nationwide protests by advancing a panoply of police reform measures. Some of these proposals are gaining momentum. This Article addresses the constitutional challenges that await federal reform efforts by discussing three of the more popular proposals.

Suggested Citation

Stanford, Matthew, The Constitutional Challenges Awaiting Police Reform—and How Congress Can Try to Address Them Preemptively (July 2020). California Law Review Online, Vol. 11, 2020, Available at SSRN: https://ssrn.com/abstract=3668521

Matthew Stanford (Contact Author)

University of California, Berkeley - California Constitution Center ( email )

CA
United States

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