Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others.
~ Thomas Jefferson

Thursday, July 28, 2011

The Rotting Corpse of the 4th Amendment

I've written before about how the 4th Amendment's protections against unwarranted search and seizure have been destroyed. How the Supreme Court has determined that a citizen may not resist even an unlawful entry into his or her home by the police. Have you stopped and thought about that at all? Have you considered what it means that the political appointees who sit on SCOTUS have decided that you no longer have the right to self-defense if the criminal happens to wear an issued police uniform? (If he is committing an unlawful act, he is indeed a criminal, whether he is ever arrested, tried, and convicted or not.)

[Editor's note: The Indiana Supreme Court ruled against self defense from an illegal (warrantless) entry by the police (even if they did not identify themselves and you thought it was a home invasion). SCOTUS ruled police could force their way into your home without a warrant if they thought you might possibly be destroying evidence of a crime.]

Well, the 3rd U.S. Circuit Court of Appeals, a federal court, has decided, 8 to 6 (isn't it amazing that two individuals in black robes - political appointees - can decide the rights of over 300 million American citizens?), that the police may take a DNA sample from you if you are arrested. These same fools who in their own decision claim it would be a violation of the 4th Amendment for the police to take samples from everyone say it is acceptable to take samples from everyone arrested.

What's wrong with that, you ask? If a violent criminal, who may have raped or killed people, is arrested, wouldn't it be good to be able to identify DNA evidence from a crime he may have committed? Sounds reasonable, doesn't it? If it is reasonable, if there is reason to suspect he may be responsible for such acts, wouldn't a judge provide a warrant for such a situation? The same warrant the 4th Amendment states would make a search and seizure of evidence permissible?

So, why do the police want DNA samples from everyone arrested? Why does this Federal circuit court feel a warrant is no longer needed to take such evidence from a citizen against his or her will? Where was the Left and the ACLU when this travesty of justice went down? If you are arrested for jaywalking (as a young black mother with three young children was recently, after one of them was killed by a driver on drugs while they were all crossing a street to get home from a bus stop) or for boarding a school bus to check on your child who has slumped over in his seat and appears unresponsive, you can have your DNA taken from you against your will.

How many of you are aware of the many Federal court appointees Obama has been sneaking in while we have been distracted - understandably so - by Obamacare, unemployment, the refusal of his administration to permit the drilling for oil that could make us independent of foreign sources, the mounting debt, the fight over allowing him to raise the debt ceiling even higher than it already is, and all the other serious issues his presence in the White House has caused. He and his handlers - and please, don't insult my intelligence by claiming he is bright enough to be doing all this on his own, while he swings his pathetic little putter on the golf course, or vacations at our expense in Hawaii or Martha's Vineyard, or travels around the country campaigning for his own re-election - are well aware that control of the Federal courts is one of the most powerful tools a tyrant can possess. (http://en.wikipedia.org/wiki/List_of_federal_judges_appointed_by_Barack_Obama)

So. Not only is the 4th Amendment dead, murdered by SCOTUS, but now the Federal courts are savaging the rotting remains, like so many vultures and hyenas, stripping the corpse of the very meat from its bones. When this country was founded, the courts were supposed to be the last line of defense against a government that wished to tyrannize its citizens. That is why all judges pretend that jury nullification (visit FIJA.org) is not acceptable, that jurors may only judge the facts, and not the law itself. So, between the judges trying (successfully for the most part) to convince juries that they do not possess the right to judge the law, and the control of the Federal court system passing into the hands of political appointees who favor the ideology of the persons who appoint them, we have lost whatever chance we had at experiencing true justice, as opposed to a justice "system" - a system biased against the individual and weighted toward the State.

Be afraid. Be very afraid.


  1. So after the Indiana supreme court ruling (upheld by the SCotUS) and this ruling from the 3rd circuit, there now exists a legal precedent to allow the systematic, door-to-door gathering of DNA evidence from everybody in the USA regardless of suspicion of guilt or even the necessity of a crime having been committed. Nice.

    I've said for a long time (especially after watching some of the kangaroo kourt cases that have shown on the TV news magazines) that we do not have a "justice" system in this country - simply a legal system. Its arguable as to whether or not we ever had a "justice" system, but at least it was founded on just principles in the beginning.

    It appears that the only question left is, "when do we start shooting back?"

    -LeverAction (writing as Event Horizon)

  2. Gee, I was almost feeling normal for a minute.

    Fourth, third, first are all gone. Second has been winning lately, but if you use that defensive firearm against the popo you're dead. What's next?

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  4. Well, SG, the 14th has been dead for a while, as well, and the 10th just hasn't been declared dead by a physician yet. Due process denied for victims of the Patriot Act or who have been declared "enemy combatants", SCOTUS judges recusing themselves for conflicts of interest, asset forfeiture (where or where has that little due process dog gone?), and equal protection (if you aren't one of Holder's "people").

    The 1oth is out when DOJ and The Voice Of The Teleprompter declare the law created by DOMA to be null and void (or at least refuse to enforce it). When the Federal government sues states passing laws to strengthen the immigration laws not enforced by the Federal government. When BATF tells Montana their Freedom Firearm Act is null and void. And when DOJ/DHS tells Texas that any law they pass restricting the ability of TSA to sexually assault children and the terminally-ill elderly will result in the shutdown of all commercial air traffic in Texas.

    I really should have mentioned these as well, but the assault on the 4th with the DNA ruling by SCOTUS upset me so much I just forgot about discussing these incursions. Maybe I should do another post on these?


Sorry, folks. I was completely ignorant about comment rules. Anyone can post, but I'd prefer a name, even if it is made up. Anonymous posts just seem cheap, if you know what I mean. Also, if you want to argue a point, that's fine. Cheap shots and name calling towards me or another person commenting (ad hominem) is rude and will get you banned. Other than that, I'd love to get some comments.