phynedyning

SPECIAL EDITORIAL: Citizens can fight back…only in Indiana

In Editorial on June 13, 2012 at 12:00 pm

In Fort Dodge, Iowa a city police officer was recently given a term of probation (???) after telling a woman he met in a bar that he would arrest her for drunken driving unless she had sex with him.

Imagine coming home and finding a uniformed police officer sexually assaulting your struggling wife or daughter. You retrieve a firearm and shoot the officer to death in the middle of his forcible felony. You are subsequently charged with murder of a peace officer and you are sentenced to death in accordance with federal law.

The state of Indiana took measures to prevent such a travesty of justice when they enacted a law empowering citizens to use force, including deadly force, against any public official (including police officers) who are engaging in conduct involving the imminent use of unlawful force.

The law was specifically written to cover conduct by any public official because the United States Supreme Court has held that a citizen has virtually no right to use force against the police, even if the police are acting unlawfully.

When one considers the growing citizen anger over growing complaints of police brutality, enactment of such a law was inevitable. And, while sober reflection says that the new Indiana law will be struck down, a clear message has been sent to the ruling elites:

“We have had our private places pawed upon by your agents at the airports, we have suffered extra-judicial punishment by blue-suited criminals using Tasers, our property has been confiscated through the state’s manipulation of civil law, and our women have been raped by the very officers charged with protecting them. Peaceful demonstrators have been pepper-sprayed, heads of war veterans have been pulverized by fired tear gas projectiles,  and innocent citizens have been handcuffed and detained for hours…simply because they were in the proximity where a crime was committed. We’re mad as hell, and we’re not going to take it anymore!”

Nothing has changed since 1776.

Americans remain a people willing to suffer state intrusions of light and transient cause. But they are showing impatience and intolerance with an emerging long train of abuses and usurpations pursuing invariably the same object (which) evinces a design to reduce them under absolute despotism. And, as any civilized people is bent to do, they have sought a just and lawful remedy to their condition.

The Indiana amendment to their Castle Doctrine should be seen for what it is…an angry petition to the state that it respect the sovereignty of man…or else.

Failing that, at some point, the people will realize that such petitions and warnings are futile. They will not ask the state’s permission to take the life of a uniformed rapist…they will simply take matters into their own hands and mete out justice.

The American state now has only two choices: 1) The “Smart Choice” where the state reins in official thuggery and thievery and the state agrees to rule with the consent of the governed, or 2) The “Stupid Choice” where the omnipotent state crushes all who oppose it through Draconian laws enforced by brutes who would otherwise be unemployable.

Far from being elated by events in Indiana, I am deeply concerned by their implications. Indiana has laid down a gauntlet. The state holds power only through intimidation, violence, and coercion. Indiana has threatened the root of state power by making its agents physically responsible for the unlawful violence in which they trade.

The state, being stupid by nature, is most likely to pick up the tossed gauntlet.

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