If Liberty is really going to reign supreme here, we
must dispense with the expansion of immunity for government sorts. The Framers,
having the subject matter in discussion, felt that the only governmental
immunity that should exist was for federal legislators in narrow circumstances.
Article I, sec 6, the Constitution. That
axiomatically means they intended there to be no other immunity from
responsibility for wrongful conduct by government.
However, the U.S. Supreme Court first decreed immunity
for itself and for other judges, then for their prosecutorial pals, then qualifiedly
for cops, then totally for the employers of bad cops [absent unprovable
issues], and then for many other government workers and agents. While the general polity is held responsible
in damages for its harmful actions, the government [servants of that polity]
can mistreat people with impunity. And
that is partially why we have convictions of innocent people, violent mistreatment
of people by cops, searches based on warrants judges should never have issued,
searches without warrants that should never occur, outlandish bail settings not
justified by any established flight risk, increasing judicial arrogance, etc.
We must reverse the regime of immunity that is freeing
up government to be bad, harmful, injurious, mean.
The founding of this Republic had as one of its
overarching principles that freedom requires that all to be held responsible
for their actions – there were to be no favored groups who could oppress others
by right or with impunity, and we must return to that founding doctrine, lest
our loudly boasted devotion to Liberty be further sacrificed on the altar of
favoritism and privilege and prestige.
The latest outrage by the Supreme Court protecting its
constabularial pals is Carroll v. Carman,
in which the cops went to a guy’s back door because they saw that people
invited to the house had gone there, beat the guy, and when sued they then
urged they thought it was okay because they didn’t know any better. The Supreme Court, showing it is supreme only
in the extremeness of its protection of its pals, said the cops were
qualifiedly immune, because they could not have known their actions were
illegal. http://www.supremecourt.gov/opinions/14pdf/14-212_c07d.pdf
Huh? There didn’t
even need to be an analysis in the case of whether their actions actually violated
the Fourth Amendment [they did, because the fact that you specifically invite
people to do something does not mean uninvited cops can do the same thing!],
because they were allowed to invoke qualified immunity, which is elevating to a
constitutional art form the notion that ignorance of the law is an excuse – for
cops, not for you or me.
This is rampant and growing police statism, expressly
invited and further enabled by the Supreme Court, and it has to stop, or our
pretensions of Liberty must cease.
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