Free Republic
Browse · Search
General/Chat
Topics · Post Article

Long read. Worth the time. This article discusses the history of Professional Law Enforcement in the Colonies and the emerging United States. It will challenge what you think you know about the constitution and our modern society.
1 posted on 01/18/2011 9:26:44 AM PST by DariusBane
[ Post Reply | Private Reply | View Replies ]


To: DariusBane
Long read. Worth the time.
1. yes it is.
2. No it wasn't.

Police are unconstitutional?...needs a tinfoil hat alert in title.

2 posted on 01/18/2011 9:32:58 AM PST by fungoking (Tis a blessing to live in the Ozarks.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: DariusBane

Here is an excerpt that will rock your “normal” view of the relationship between the citizen and the State, as existed in our early history:

“Nothing illustrates the modern disparity between the rights and powers of police and citizen as much as the modern law of resisting arrest. At the time of the nation’s founding, any citizen was privileged to resist arrest if, for example, probable cause for arrest did not exist or the arresting person could not produce a valid arrest warrant where one was needed.92 As recently as one hundred years ago, but with a tone that seems as if from some other, more distant age, the United States Supreme Court held that it was permissible (or at least defensible) to shoot an officer who displays a gun with intent to commit a warrantless arrest based on insufficient cause.93 Officers who executed an arrest without proper warrant were themselves considered trespassers, and any trespassee had a right to violently resist (or even assault and batter) an officer to evade such arrest.94

Well into the twentieth century, violent resistance was considered a lawful remedy for Fourth Amendment violations.95 Even third-party intermeddlers were privileged to forcibly liberate wrongly arrested persons from unlawful custody.96 The doctrine of non-resistance against unlawful government action was harshly condemned at the constitutional conventions of the 1780s, and both the Maryland and New Hampshire constitutions contained provisions denouncing nonresistance as “absurd, slavish, and destructive of the good and happiness of mankind.”97 “


3 posted on 01/18/2011 9:33:08 AM PST by DariusBane (People are like sheep and have two speeds: grazing and stampede)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: DariusBane
"This article marshals"

Sounds authoritarian.

7 posted on 01/18/2011 9:43:06 AM PST by Paladin2
[ Post Reply | Private Reply | To 1 | View Replies ]

To: DariusBane

intersting.... ping for later.


15 posted on 01/18/2011 10:13:39 AM PST by Skeez (O)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: DariusBane

I agree that urban law enforcement has metastasized into something mildly undesirable(or worse depending on your POV). But how to fix it? City police departments probably never should’ve been allowed to happen. But the alternative is a greatly expanded sheriff’s department with full time professional deputies, which probably would be an improvement with respect to costs and taxes. I don’t know if it would be more constitutional in function though.


17 posted on 01/18/2011 10:16:34 AM PST by mamelukesabre (Si Vis Pacem Para Bellum (If you want peace prepare for war))
[ Post Reply | Private Reply | To 1 | View Replies ]

To: DariusBane

21 posted on 01/18/2011 10:42:56 AM PST by martin_fierro (< |:)~)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: DariusBane; Tijeras_Slim; Constitution Day; Slings and Arrows; Darksheare

Sir, I'm going to have to ask you to assume the position.

22 posted on 01/18/2011 10:51:23 AM PST by martin_fierro (< |:)~)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: DariusBane

Thanks for posting; I’ve only scanned it and will have to read it in more depth later.

I don’t believe that local police forces are unconstitutional, but there are probably elements of the way we do policing that need to be re-thought. And I agree with the notion that too much separation has arisen between police and citizens, that in the end citizens police themselves (and we have delegated certain people to specialize in this, but delegating must not imply giving up either rights nor responsibilities).

I have a lot of misgivings about the way traffic enforcement is handled, becoming as it sometimes does a source of revenue and control rather than merely safety.

I think at the end of the day a constitutional republic will have policemen but it is worth while to think about how we assure that they are still fellow citizens and not centurions.


23 posted on 01/18/2011 10:53:25 AM PST by marron
[ Post Reply | Private Reply | To 1 | View Replies ]

To: DariusBane
Oh, my!
...a former federal prisoner...
He simply can't be trusted no matter how many citations he gives or how good his arguments are! /extreme sarcasm
24 posted on 01/18/2011 10:53:48 AM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: DariusBane
I think I'll print this out and read it later.

I'll be curious to see whether distinction is made between local (State) police and Federal police, the later I believe clearly being unconstitutional.

ML/NJ

25 posted on 01/18/2011 11:07:24 AM PST by ml/nj
[ Post Reply | Private Reply | To 1 | View Replies ]

To: 21stCenturion

...


36 posted on 01/18/2011 1:14:10 PM PST by 21stCenturion ("It's the Judges, Stupid !")
[ Post Reply | Private Reply | To 1 | View Replies ]

.


38 posted on 01/18/2011 2:26:05 PM PST by loungitude ( The truth hurts.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: DariusBane

Well... let’s do away with police then, and see how it goes.


39 posted on 01/18/2011 2:47:47 PM PST by Ramius (Personally, I give us... one chance in three. More tea?)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: DariusBane

Is posting the entire text rather than an excerpt and a link Constitutional? Someone call a cop.


49 posted on 01/18/2011 5:51:04 PM PST by Little Pharma
[ Post Reply | Private Reply | To 1 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson