As America remains involved in a multitude of unconstitutional wars, the recent passing of Supreme Court justice Antonin Scalia has left many wary of Obama’s next move. As Scalia once warned that — “in times of war the laws fall silent“ — given the circumstances surrounding Scalia‘s death the law has already begun to fall silent.
The U.S. government has made clear in numerous official documents and announcements that its war on terror is increasingly focused on its own domestic political enemies.
While teaching at the University of Hawaii, Scalia reminded his students that America is in time of war, and to not forget that the past is capable of repeating itself, especially with the Government that runs America today.
While Scalia remained a true patriot to the Constitution, his remarks about our government and how they could be ready to detain thousands of innocent American citizens, must have put him in the line of fire of the most criminally powerful man America has sitting in the Oval Office today.
He was most likely murdered to make a spot for Obama on the (non) Supreme Court….
An alarm should have gone off in every Americans head when Scalia died at an Obama donors ranch with a pillow over his head and no autopsy. No investigation??? Insanity…
All the deaths connected to the Clintons really makes you wonder. If she get in the white house Obama will not be on the sepreme court be Republican senate won’t let it happen or all hell will break out.
It will not be as easy as they believe
Your Right of Defense Against Unlawful Arrest
“Citizens may resist unlawful arrest to the point of taking an arresting officer’s life if necessary.” Plummer v. State, 136 Ind. 306. This premise was upheld by the Supreme Court of the United States in the case: John Bad Elk v. U.S., 177 U.S. 529. The Court stated: “Where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, the law looks with very different eyes upon the transaction, when the officer had the right to make the arrest, from what it does if the officer had no right. What may be murder in the first case might be nothing more than manslaughter in the other, or the facts might show that no offense had been committed.”
“An arrest made with a defective warrant, or one issued without affidavit, or one that fails to allege a crime is within jurisdiction, and one who is being arrested, may resist arrest and break away. lf the arresting officer is killed by one who is so resisting, the killing will be no more than an involuntary manslaughter.” Housh v. People, 75 111. 491; reaffirmed and quoted in State v. Leach, 7 Conn. 452; State v. Gleason, 32 Kan. 245; Ballard v. State, 43 Ohio 349; State v Rousseau, 241 P. 2d 447; State v. Spaulding, 34 Minn. 3621.
“When a person, being without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he is justified.” Runyan v. State, 57 Ind. 80; Miller v. State, 74 Ind. 1.
“These principles apply as well to an officer attempting to make an arrest, who abuses his authority and transcends the bounds thereof by the use of unnecessary force and violence, as they do to a private individual who unlawfully uses such force and violence.” Jones v. State, 26 Tex. App. I; Beaverts v. State, 4 Tex. App. 1 75; Skidmore v. State, 43 Tex. 93, 903.
“An illegal arrest is an assault and battery. The person so attempted to be restrained of his liberty has the same right to use force in defending himself as he would in repelling any other assault and battery.” (State v. Robinson, 145 ME. 77, 72 ATL. 260).
“Each person has the right to resist an unlawful arrest. In such a case, the person attempting the arrest stands in the position of a wrongdoer and may be resisted by the use of force, as in self-defense.” (State v. Mobley, 240 N.C. 476, 83 S.E. 2d 100).
“One may come to the aid of another being unlawfully arrested, just as he may where one is being assaulted, molested, raped or kidnapped. Thus it is not an offense to liberate one from the unlawful custody of an officer, even though he may have submitted to such custody, without resistance.” (Adams v. State, 121 Ga. 16, 48 S.E. 910).
“Story affirmed the right of self-defense by persons held illegally. In his own writings, he had admitted that ‘a situation could arise in which the checks-and-balances principle ceased to work and the various branches of government concurred in a gross usurpation.’ There would be no usual remedy by changing the law or passing an amendment to the Constitution, should the oppressed party be a minority. Story concluded, ‘If there be any remedy at all … it is a remedy never provided for by human institutions.’ That was the ‘ultimate right of all human beings in extreme cases to resist oppression, and to apply force against ruinous injustice.’” (From Mutiny on the Amistadby Howard Jones, Oxford University Press, 1987, an account of the reading of the decision in the case by Justice Joseph Story of the Supreme Court.
As for grounds for arrest: “The carrying of arms in a quiet, peaceable, and orderly manner, concealed on or about the person, is not a breach of the peace. Nor does such an act of itself, lead to a breach of the peace.” (Wharton’s Criminal and Civil Procedure, 12th Ed., Vol.2: Judy v. Lashley, 5 W. Va. 628, 41 S.E. 197)
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Original URL: http://www.constitution.org/uslaw/defunlaw.htm
Maintained: Jon Roland of the Constitution
THIS WHY THEY WANT TO RESTRICT THE 2ND
Over my dead body!!!
Obammy silenced him,
Sounds like murder to me$#%&!@*you Obama fucking$#%&!@*guzzling$#%&!@*sucker
The Obama administration even claims to have the power to secretly murder Americans with no trial — and, in fact, it has done so in at least several cases that are now known publicly. A Justice Department memo leaked in 2013 outlined the outlandish legal rationale purporting to authorize Obama serving as judge, jury, and executioner. When asked by the Huffington Post whether the administration should tell the public when it secretly murders an American, House Minority Leader Nancy Pelosi said “it depends.”