On Thursday May 12, 2011 the Indiana Supreme court overturned 800 years of jurisprudence and common law. Dating back to the English Magna Carta, the Indiana Supreme Court ruled that the subjects of the State of Indiana have no right to resist unlawful police entry into their homes. The court stated that if a police officer wants to enter a home for any reason or no reason at all, a homeowner has no right to do anything about it, and is guilty of a crime if he attempts or to stop the officer’s entry.
"We believe ... a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence," David said. "We also find that allowing resistance unnecessarily escalates the level of violence and therefore the risk of injuries to all parties involved without preventing the arrest."
It’s hard to believe that here in America, the former citizens of Indiana, now the subjects of Indiana, have less rights than did medieval Englishmen. In Indiana a man’s home is no longer his castle. This decision isn't just incorrect, it is a monstrous insult to the Bill of Rights as stated in the Fourth Amendment to the United States Constitution, to the American Revolution, even to the very idea of America itself. The Indiana court had determined that Indiana is a police state. This ruling is a travesty; it is a mockery of the very inspiration which America was created, to claim that this nation, born in violence against the establishment, does not have a right to resist the illegal actions of the establishment in their own homes.
These are the very form and composition of tyranny that resulted in the American Revolution. It was against this very type of tyranny that resulted in the creation of our Declaration of Independence, and our refusal to accept a constitution without the Bill of Rights. I hope and pray that apparent desire of those in power for a police state and control of the masses doesn’t persist. Americans will not tolerate a police state. The increase in police shootings is proof enough. As the police in the US militarize, they are no longer fellow members of the community, working to protect and serve, but now represent Them, an arbitrary government who would arrest a child on weapons charges for binging a plastic knife in her lunch box, and are no longer to be trusted.
The core and fiber of America, from our formation, is summed in what may be our most retold story, the story of the outsider who defeats the elites. America is a unique nation of outsiders. Just look at the theme of most popular movies, from old classics like Mr. Smith goes to Washington (and the various remakes); most of the entire nior genre of films; or the many retellings of the Robin Hood tale; too many westerns to count; Easy Rider; Rocky; the 1983 Coppola hit “The Outsiders”, which launched the carriers of Howell, Macchio, Dillon, Swayze, Estevez, and Cruise, all of whom have made carriers of playing outsiders; to the latest Disney movie “Lemonade Mouth.” You can even include the themes of our most famous comic book superheroes, including; Spiderman, Wolverine, Batman, Blade, Teenage Mutant Ninja Turtles, and The X-Men just for starters. Liberals and Socialists want to minimize the “rugged individualist” attitude of Americans, discounting that it is a spirit that runs deep in our veins. From the moment the Pilgrims, who were religious outcasts from the English religious establishment , set foot on Plymouth Rock, soon to become the Massachusetts Bay Colony, the eventual starting point for the actions of the Boston Tea Party, Lexington, Concord and the "shot heard 'round the world" which started the revolution that became the Great American Experiment, America has been the home of Outsiders.
Most Americans consider themselves outsiders are not impressed, nor pay much deference to the establishment. Most of America see the Establishment as snobbish with nothing to be snobbish about, unimaginative and all too frequently incompetent. As Tony Blair said "there is a "quite elemental" force in America that is instinctively anti-Establishment."
The rebellion against insiders who mandate a health care system that reeks of a European welfare state should be of no surprise. The very model of Obamacare, an elite Insider group of alleged health care experts calling the shots on your health care, is not tenable in American culture, because in the American lexicon it translates into some are more equal than others. The rush to exemptions, and exclusion of the government from being forced to participate, and the rash of special privileges granted to the establishment have alone doomed Obamacare to failure. In essence America will not long tolerate anything but Equality Under the Law. Not that the reality our past didn’t suffer slavery, and other heinous discriminations, our history is a long march towards the goal equal treatment for everybody, regardless of any station or circumstance in life.
Paul Ryan accurately described the “The Progressivist vision is to create a new American person who no longer strives to better oneself but accepts one's station in life -- and looks to government to help cope not only with difficulties but with every important personal decision….The passivity this way of living encourages means that most people abandon the right to govern themselves, leaving bureaucratic experts and political leaders in control of every important aspect of individual and social life. “
This vision is not compatible with America. I pray our republic can be saved, but if rulings like that of The Indiana Supreme Court stand I fear it will not. The Indiana Supreme Court’s ruling, put all Hoosiers in a virtual police state, will must not stand, if it remains as such, we may once again hear the outsiders that embody the great majority of Americans utter these immortal words.
Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. --Such has been the patient sufferance of these colonies; and such is now the necessity which constrains them to alter their former systems of government.
Monday, May 16, 2011
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