Barnes v. Indiana

That’s the decision making all the rounds of the gun- and libertarian-blogs right now, in which a 3-2 majority of the Indiana Supreme Court held:

…that there is no right to reasonably resist unlawful entry by police officers.

What part of “unlawful” don’t they get?  OK, I’ll unreasonably resist.

This is a classic example of what a “living Constitution” philosophy eventually leads to.  Also from the decision:

The English common-law right to resist unlawful police action existed for over three hundred years, and some scholars trace its origin to the Magna Carta in 1215. The United States Supreme Court recognized this right in Bad Elk v. United States, 177 U.S. 529, 535 (1900): “If the officer had no right to arrest, the other party might resist the illegal attempt to arrest him, using no more force than was absolutely necessary to repel the assault constituting the attempt to arrest.” The Supreme Court has affirmed this right as recently as 1948. United States v. Di Re, 332 U.S. 581, 594 (1948) (“One has an undoubted right to resist an unlawful arrest, and courts will uphold the right of resistance in proper cases.”)

So it’s established Supreme Court caselaw, right? And inferior courts may not tell the Supreme Court it was out to lunch, right?

Nazzofast, Guido. Here’s that “living Constitution” philosophy:

In the 1920s, legal scholarship began criticizing the right as valuing individual liberty over physical security of the officers. One scholar noted that the common-law right came from a time where “resistance to an arrest by a peace officer did not involve the serious dangers it does today.” The Model Penal Code eliminated the right on two grounds: ―(1) the development of alternate remedies for an aggrieved arrestee, and (2) the use of force by the arrestee was likely to result in greater injury to the person without preventing the arrest. In response to this criticism, a majority of states have abolished the right via statutes in the 1940s and judicial opinions in the 1960s.

Really? They did? Under color of what authority? I’m unaware of any Supreme Court decisions post 1948 that established this new interpretation. I’m unaware of any amendments to the Constitution prior to or after 1920 that did so.

To quote Alan Gura from the oral arguments before the Supreme Court in McDonald v. Chicago:

States may have grown accustomed to violating the rights of American citizens, but that does not bootstrap those violations into something that is constitutional.

As 9th Circuit chief judge Alex Kozinski wrote in his August 2010 dissent to that court’s U.S. v Pidena-Moreno decision, another case involving Fourth Amendment protections:

Having previously decimated the protections the Fourth Amendment accords to the home itself, our court now proceeds to dismantle the zone of privacy we enjoy in the home’s curtilage and in public. The needs of law enforcement, to which my colleagues seem inclined to refuse nothing, are quickly making personal privacy a distant memory. 1984 may have come a bit later than predicted, but it’s here at last.

And I am reminded once again of our complete disconnect from the difference between the citizenry and the police as expressed by Sir Robert Peel’s Nine Principles of Modern Policing, most especially Principle #7:

Police, at all times, should maintain a relationship with the public that gives reality to the historic tradition that the police are the public and the public are the police; the police being only members of the public who are paid to give full-time attention to duties which are incumbent on every citizen in the interests of community welfare and existence.

That stopped when the public became “them” to the police.

One more quote, this one from a TV show, Battlestar Galactica the recent version. Admiral Adama, when asked to place his space Marines in the position of policemen to the refugee fleet demurred with some writer’s very cogent observation:

The police protect the People. The military defends the State. When the military becomes the police, the People become the Enemy of the State.

Our police forces are becoming more and more militarized defenders of the State every day, and rulings like this one are helping that happen.

It’s an Honor Just to be Nominated

Brian of LuckyGunner.com emails:

Glad to see that you’re registered for our upcoming Blogger Shoot! I’m looking forward to seeing you again since the last time we saw one another face-to-face at the GBR in Reno. In conjunction with the Shoot, we’re putting together an awards ceremony called The Gunnies for Saturday night at the Shoot and The Smallest Minority has been nominated for a Gunnie Award in the following category:

* Best Gun Blog – Entertainment

Voting is now open for the next 14 days to determine the winners in each of the 9 categories. It’d be pretty cool if you could announce your nomination for The Gunnies on your site.

Consider it done, though I think you’d have a hard time arguing that TSM is an entertainment site.

There are a bunch of other categories and nominees, so if you’re interested in voting, go here.

Bloggered

I haven’t used the “blogger sucks” tag in quite a while, but it appears at the moment that Blogger has eaten my last post from Thursday. Hopefully they’ll be restored at some point (I’m fearing that Blogger’s last backup has been corrupted), but I’m not counting on it.

Thankfully, one post I have in draft survived whatever happened yesterday. It’ll be going up tomorrow, assuming that it doesn’t get bloggered before then.

Oh well, anything free is worth what you pay for it.

UPDATE:  It’s back.  That’s good.

Really, for a free service, Blogger started off sucky but it’s gotten a lot better over time.  This is the first major problem I can recall in the last couple of years, and Blogger is hardly the only platform to have problems.  As noted in the comments to the post Busy below, Doc Russia is having issues with his host, and his blog Bloodletting has been unavailable for some time now.

A Failure of Critical Pedagogy

Unix-Jedi emailed me a pointer to this piece at Coyote Blog: Scenes From My Son Studying For His AP Exams. If he’ll forgive me, I’ll quote in full because it’s short and it’s important:

Scene 1, History AP: My son asked me how WWII ended the Depression. I said that the draft soaked up a lot of excess workers, which reduced unemployment, and British buying for the war helped our economy but that the war generally destroyed rather than created wealth. He said, “Dad, you can’t tell it to me that way. The guy grading the AP is going to be a Keynesian.” So we talked multipliers and aggregate demand.

Scene 2, Spanish AP: My son hands me a list of Spanish words he is trying to learn. They are the Spanish words for things like “social justice,” “poverty”, “exploitation”, etc. I told him it was an odd selection of words. He said that nearly every Spanish essay in every Spanish textbook he had ever had were about revolution and stopping the rich from exploiting the poor and fighting global warming. So he wanted to be prepared for a similar topic on the AP. After the test, I remembered this conversation and asked him what the essay was. He said the topic was “show why the government of poor countries should give free bicycles to the poor to fight global warming.”

These two short paragraphs are chock-full of everything I’ve been saying since I started this blog about the American education system and more.

In the first paragraph we see that the system is pushing a particular ideology, but it also illustrates two three crucial things: 1) the parent’s involvement is critical, 2) bright kids paying attention understand bullshit when it’s being spoonfed to them, and 3) they know how to game the system.

In the second paragraph the particular ideology being pushed is easily identified as the Leftist one promoted by Paolo Friere known as Critical Pedagogy. Note this again:

He said that nearly every Spanish essay in every Spanish textbook he had ever had were about revolution and stopping the rich from exploiting the poor and fighting global warming.

That’s what they throw at the general population. Here in Tucson the Tucson Unified School District has what is called “Raza Studies” – a program directed exclusively at Hispanic students, which I wrote about in Balkanization. By some accounts this class doesn’t stop at talking about “stopping the rich from exploiting the poor and fighting global warming.” Oh no!

The basic theme of the curriculum was that Mexican-Americans were and continue to be victims of a racist American society driven by the interests of middle and upper-class whites.

In this narrative, whites are able to maintain their influence only if minorities are held down. Thus, social, political and economic events in America must be understood through this lens.

This biased and sole paradigm justified teaching that our community police officers are an extension of the white power structure and that they are the strongmen used “to keep minorities in their ghettos.”

It justified telling the class that there are fewer Mexican-Americans in Tucson Magnet High School’s advanced placement courses because their “white teachers” do not believe they are capable and do not want them to get ahead.

The former Arizona Superintendent of Public instruction (now Attorney General) has been trying to kill the Raza Studies program for years now. The last two public meetings with the TUSD board have been canceled because of organized student protests, which tells you about all you have to know concerning what the Raza Studies program is actually teaching.

Critical Pedagogy is not limited to Spanish language instruction and “Raza Studies,” but goes throughout primary and secondary education.  The Keynesian economics bit is just another example.  But again, the key thing here necessary to counter it is parental involvement, and my belief is that such involvement is getting very thin on the ground. After literally generations of this relentless indoctrination, a declining number of kids escape it unscathed and grow up to raise their own children to recognize it for what it is, and that means we’re vastly outnumbered.

Last year at the invitation of Rob Allen I fisked a high school graduation speech by a perfect example of a kid who did not receive the kind of parental involvement that this man’s son receives. No, in that graduation speech it was apparent that an intelligent young woman had been taken in hand by one of Gramsci’s disciples, been shown the “one true way” – and had fallen for it, hook line and sinker because no one had shown her anything different. She’d gone through twelve years of subtle (and by all evidence, not so subtle) indoctrination in preparation for what she received the last year or two of her education. The field was tilled, sown, and the harvest was ready to be reaped.

But kids like Coyote Blog’s son?

Tough little weeds. We need more of ’em.  A LOT more.

Busy

Sorry about the lack of content.  I’ve been busy.  Got stuff lined up I want to write about, but don’t have the time.

I do, however, have a bleg:  what happened to Doc Russia and Bloodletting?  The blog has disappeared.  I didn’t visit often, but whenever I did, I tried to catch up.  (Doc posted infrequently as it was.)  That Kim du Toit quote at the top of the page went to a Bloodletting post.

Quote of the Day – “Grand Theft NATO” Edition

From a comment to yesterday’s Victor Davis Hanson piece from which I took the QotD:

(W)elcome to “free market communism”.

This is “redistribution through gaming the system”. Flashing through all Western civilization, in every European, Canadian, Australian, and US marketplace. If it had a video version it would be called “Grand Theft NATO”.
50% of the people play by the “old” rules. They pay taxes, pay their mortgages, pay their own food bills, enter the country legally, and basically support the “other half”.
The “other half”…play the “victim” of the paying “majority”…and try to guilt them into paying for MORE stuff….while amassing goods and services at the discount window of the “government”, which slanders the paying majority as “greedy”. (and any other slander that imposes immediate guilt and shame…pick a weapon as you walk through the terrain…racism, sexism, homophobia, jingoism, etc)
In Grand Theft NATO, the “have nots”…are GIVEN more and more and more. They are “protected” by their benefactors…but, in order to recharge their “batteries” to press on…they MUST vote when they see their “energy” being depleted. Vote for a leftist…get more “energy”, be given more stuff…and more powerful “weapons”.
As you reach higher and more sophisticated levels…you get assistance in weapons of mass deception. Global warming is used as a hoax weapon to “redistribute” money, power, influence…from the “haves” who are ripped off on a worldwide basis…to the “have nots” in leftist enclaves.
You also get “mass media” protections…a force field shield that covers you for every misdeed, puts out false information and distortions for your benefit.
Grand Theft NATO is available everywhere you can find leftists in power. Thanks for playing…now hand over some more of OUR money…you have made enough already.

“cfbleachers“

Yup, that’s pretty much it in a nutshell.  Thanks to The Silicon Graybeard for the pointer.

Quote of the Day – Victor Davis Hanson Edition

History’s revolutions and upheavals — whether the Nika rioting in Constantinople, the periodic uprising of the turba in Rome, the French upheavals, or the Bolshevik Revolution — are rarely fueled by the starving and despised, but by the subsidized and frustrated, who either see their umbilical cord threatened, or their comfort and subsidies static rather than expansive — or their own condition surpassed by that of an envied kulak class. Perceived relative inequality rather than absolute poverty is the engine of revolution.
These are strange and dangerous times. An insolvent federal government, an exporting China and India, and an almost complete indifference to federal immigration, tax, and regulatory laws have all combined to create a well-entitled but increasingly angry population, one “empowered” and made more, not less, bitter by the last two years of governance in Washington.

Victor Davis Hanson, Works and Days, Thoughts on a Surreal Depression

Quote of the Day – Coulterism Edition

Our mighty Navy SEALs not only put a bullet through Osama’s head, but carried off his computers, disks and hard drives. So far, all they’ve revealed is that Osama had multiple Netflix rentals of “Rendition,” “In the Valley of Elah,” “Fahrenheit 9/11” and “Love Actually.”


Can you imagine what’s on Osama’s hard drives? I mean besides the goat pornography. Pants are wetting throughout Pakistan’s military establishment.

Ann Coulter, Next Time, Use FedEx