I am not bashing cops.
Also take note that the original article has over 400 footnotes, available at linked URL.
This is for historical understanding and reference.
I noticed "militia" was referenced only one time ~
Not sure this is good history.
The ramblings of a criminal don’t make for real legal scholarship.
(The Courts typically laugh at such ramblings as well: (Redman v. City of Columbus, Ga.) “In support of this contention, Plaintiff cites a law review article: Roger Roots, Are Cops Constitutional?, 11 Seton Hall Const. L.J. 685 (2001). Plaintiff points to no evidence or law to support his position that the Columbus police department is unconstitutional, and the Court thus rejects this claim.”)
The Preamble:
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
“establish Justice” “insure domestic Tranquility, provide for the common defence”
Amendment 10(Bill of Rights):The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Seems to me that a local Police Force would fall into this.
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The Wild West.
Under the earlier system, I don’t think we could stop Bonnie and Clyde, much less a Latin American style gang.
Another issue is that the federal constitution, modeled AFTER earlier state constitutions, was originally intended to ONLY form and regulate the federal government and it’s powers.
Not until the 14th Ammendment, after the Civil War, was even part of the Bill of Rights applied directly to the States. Each state had something like a Bill of Rights built into their state Constitutions....which, if they allowed for Constables, Marshals, Sheriffs and their deputies (and they all do...even back into colonial times)—functionally, also allow for police forces—AT the state and local level.
As for an FBI or CIA? Well, I’ll leave that to the legal eagles—but if they were unconstitutional (except in some egghead’s mind...) I’d of thunk a super-high-paid Mafia lawyer would of prevailed in court by now...
Don´t give the resident any ideas.
Would you rather have a society with lawyers, but no cops. Or peace officers with no lawyers?
The Tenth Amendment, IMHO, authorizes the States and/or the People to set up such police structures as suits their perceived needs.
(I also believe that the one and only Federal Crime ought to be Treason, as defined in the Constitution. Not even murder should be a Federal issue.)
Note to All: “Cop” means “COrporate Police.”
That’s why they didn’t appear until the courts decided that municipalities could incorporate.
The founders didn’t anticipate this, because incorporation is literally a legally-accepted fiction to create “individuals” out of groups of people, and then transfer responsibility from those people to that legal fiction.
And then, through the 14th Amendment coup de grace, allow that legal fiction to be acknowledged not only as a Constitutional “person” - but the ONLY Constitutional person, so that the courts no longer acknowledge the existence of actual natural persons in litigation.
The Founders would have freaked over this.
And it doesn’t just effect Cops. Try, for example, to get “standing” for Obama’s birth certificate. Denied. But do you know why? Because actual, natural, real people don’t have standing in our solely corporate courts anymore.
And they don’t have to tell you either - because they use it in their “corporate” capacities and their corporate operating rules say they don’t have to tell you.
THAT is the big secret bureaucrats, attorneys, prosecutors and judges know that you don’t.
Taken as a whole, it does not speak well for the police, and it is, from my experience, very truthful. If you don’t believe me, try making a citizens complaint on a cop as I did. You will have the wrath of law enforcement descend upon you in a way that will give the impression that you are living in the Soviet Union. At the end of the day, they were more concerned about what my valid complaint might do to “harm the officer’s record.” It didn’t matter that he broke the very law he was sworn to uphold.
ping
The solution is more police, not less. Give everybody a badge and tell every American to protect and serve. Then there’s no longer a protected class with special license to harass, and kill whether in good cause or bad. I, AnTiw1, promise to defend the constitution and honorably police myself. If I fail in this mission, I want two weeks paid vacation and a union appointed lawyer.
It is rare to find a convicted criminal who spends his time so wisely, for this essay is very powerful, well developed in theme and well researched. It is a boon to America that we have such citizens willing to go well out of the way of the commons of currency in thought in pursuit of the Truth.