(1) ARE COPS CONSTITUTIONAL? _http://www.constitution.org/lrev/roots/cops.htm_ (http://www.constitution.org/lrev/roots/cops.htm) _http://www.constitution.org/lrev/roots/cops.htm_ (http://www.constitution.org/lrev/roots/cops.htm)
Seton Hall Constitutional L.J. 2001, 685 ARE COPS CONSTITUTIONAL? Roger Roots* ABSTRACT Police work is often lionized by jurists and scholars who claim to employ "textualist" and "originalist" methods of constitutional interpretation. Yet professional police were unknown to the United States in 1789, and first appeared in America almost a half-century after the Constitution's ratification. The Framers contemplated law enforcement as the duty of mostly private citizens, along with a few constables and sheriffs who could be called upon when necessary. This article marshals extensive historical and legal evidence to show that modern policing is in many ways inconsistent with the original intent of America's founding documents. The author argues that the growth of modern policing has substantially empowered the state in a way the Framers would regard as abhorrent to their foremost principles. PART I INTRODUCTION................................................................ 686 PART I INTRODUCTION Uniformed police officers are the most visible element of America's criminal justice system. Their numbers have grown exponentially over the past century and now stand at hundreds of thousands nationwide.1 Police expenses account for the largest segment of most municipal budgets and generally dwarf expenses for fire, trash, and sewer services.2 Neither casual observers nor learned authorities regard the sight of hundreds of armed, uniformed state agents on America's roads and street corners as anything peculiar — let alone invalid or unconstitutional. Yet the dissident English colonists who framed the United States Constitution would have seen this modern 'police state' as alien to their foremost principles. Under the criminal justice model known to the Framers, professional police officers were unknown.3 The general public had broad law enforcement powers and only the executive functions of the law (e.g., the execution of writs, warrants and orders) were performed by constables or sheriffs (who might call upon members of the community for assistance).4 Initiation and investigation of criminal cases was the nearly exclusive province of private persons. At the time of the Constitution's ratification, the office of sheriff was an appointed position, and constables were either elected or drafted from the community to serve without pay.5 Most of their duties involved civil executions rather than criminal law enforcement. The courts of that period were venues for private litigation — whether civil or criminal — and the state was rarely a party. Professional police as we know them today originated in American cities during the second quarter of the nineteenth century, when municipal governments drafted citizens to maintain order.6 The role of these "nightly watch" officers gradually grew to encompass the catching of criminals, which had formerly been the responsibility of individual citizens.7 While this historical disconnect is widely known by criminal justice historians, rarely has it been juxtaposed against the Constitution and the Constitution's imposed scheme of criminal justice.8 "Originalist" scholars of the Constitution have tended to be supportive, rather than critical of modern policing.9 This article will show, however, that modern policing violates the Framers' most firmly held conceptions of criminal justice. The modern police-driven model of law enforcement helps sustain a playing field that is fundamentally uneven for different players upon it. Modern police act as an army of assistants for state prosecutors and gather evidence solely with an eye toward the state's interests. Police seal off crime scenes from the purview of defense investigators, act as witnesses of convenience for the state in courts of law, and instigate a substantial amount of criminal activity under the guise of crime fighting. Additionally, police enforce social class norms and act as tools of empowerment for favored interest groups to the disadvantage of others.10 Police are also a political force that constantly lobbies for increased state power and decreased constitutional liberty for American citizens. THE CONSTITUTIONAL TEXT..............................................688 FOR THE REST, SEE: _http://www.constitution.org/lrev/roots/cops.htm_ (http://www.constitution.org/lrev/roots/cops.htm) POLITICAL SOLICITATION AND COMMENT: OUR ENEMY THE STATE POLITICAL SOLICITATION Please support the National Political Action Committee: AMENDMENT 28: Abolish Financial Campaign Contributions Are Needed; Volunteers In Every American City Are Needed to: 1. Open a Campaign Office 2. Distribute Leaflets and Flyers at: Churches, Government Buildings, Court Houses, Shopping Malls and more to promote the NATIONAL POLITICAL ACTION COMMITTEE AMENDMENT 28: Abolish Please Contact Primary Spokesman Michael Smith @ [email protected]_ (mailto:[email protected]) if you will help VERSION FOR OUR ATHEIST FRIENDS HERE (2ND VERSION FOR CHRISTIAN FRIENDS BELOW) FOR ATHEIST FRIENDS: Government is NOT the "STATE" (the BANK). Government is the PEOPLE! Government has been USURPED by "The State (the BANK)" that claims to BE GOD. The "State" is the bank...the bank is running/ruling the country. Government of the People by Social Power has been usurped. The only way it can be REVERSED is through Amendment 28: Abolish. All attempts to "reform" a corruption is folly and "chasing rabbits," the "state/bank" IS CORRUPTION by definition. To end the corruption, you must END THE STATE/THE BANK and restore self-government of the people. YOU ARE EITHER RULED BY THE TYRANTS OR YOU HAVE POPULAR SOVEREIGNTY AND INDIVIDUAL RIGHTS. [Which do you want, peace and safety or totalitarianism?] STUDY THESE: OUR ENEMY THE STATE: _http://www.barefootsworld.net/nockoets0.html_ (http://www.barefootsworld.net/nockoets0.html) (6 Chapters) and WHO IS RUNNING AMERICA: _http://www.barefootsworld.net/usfraud.html_ (http://www.barefootsworld.net/usfraud.html) FOR CHRISTIAN FRIENDS: Government is NOT the "STATE" (the BANK). Government is the PEOPLE under Jesus Christ, Under LIBERTY UNDER GOD. Government has been USURPED by "The State (the BANK)" that claims to BE GOD. The "State" is the bank...the bank is running/ruling the country. Government of the People by Social Power with Liberty Under Jesus Christ/Under God, has been usurped. The only way it can be REVERSED is through Amendment 28: Abolish. All attempts to "reform" a corruption is folly and "chasing rabbits," the "state/bank" IS CORRUPTION by definition. To end the corruption, you must END THE STATE/THE BANK and restore self-government of the people with Liberty Under God through Jesus Christ (2 simple commandments: Love Each Other and Love Your God with all your heart and follow the TEN COMMANDMENTS). YOU ARE EITHER RULED BY TYRANTS OR RULED BY JESUS CHRIST (GOD). [Which do you want, peace and safety or totalitarianism?] STUDY THESE: OUR ENEMY THE STATE: _http://www.barefootsworld.net/nockoets0.html_ (http://www.barefootsworld.net/nockoets0.html) (6 Chapters) and WHO IS RUNNING AMERICA: _http://www.barefootsworld.net/usfraud.html_ (http://www.barefootsworld.net/usfraud.html) See above. See BELOW. [[ Please do not refer to "Government" as "the Government". Refer to what the STATE (the Bank) is doing to the people as THE STATE but NOT the Government. The STATE is usurpation. When the state moves against you in ITS banking courts, it says "The People of the STATE of California Accuse You". By admitting to be a 14th amendment citizen, you are CONSENTING to being subject to the STATE and are allowing it to CLAIM the STATE is the People, (which it is not) and allow them to move against you as their subject under their bankruptcy under THEIR monetized debt. You CONSENT TO THIS. You do NOT object to this. The STATE is the BANK....the BANK owns you and enslaves you into monetized debt and the courts rule for the bank.]] When are you going to stop "consenting" to all this evil? When are you going to start OBJECTING to all this evil? All forms of "the STATE" come into being through WAR created by bankers. First there is Conquest, then the people have their social power taken by confiscation, expropriation, appropriation and exploitation until nothing is left and collapse takes place. America is collapsing now (isn't that obvious?). To reverse the collapse, the STATE must be abolished. SEE AMENDMENT 28: Abolish. American Timeline: Colonies created through corporate power of the English Tyrannical State. Colonies later rebel through a fabricated war created and financed by the English Tyrannical State to fool the American people. 13 colonies "create" 13 "states" starting the road to perdition. The 13 "states" create the "Articles of Confederation" beginning the process of totalitarian central political power under control of the Bank of England (The British Crown). Delegates go to Philidelphia to "revise the Articles of Confederation" however secret society British Agents sell out the American people without authorization and create a "Con-stitution" through stealth and without consent centralizing all political power in one place over all the American people (the Anti-Federalists including Patrick Henry warn the American people "Do not Sign that CON-STITUTION).) The Bank of England sets-up a National Bank in America to begin the process of enslaving the American people under monetized debt. Out of CHAOS comes order to the bankers as seen in their manipulation of the people into a CIVIL WAR that results in the bogus never-lawfully ratified 14th Amendment which transforms the American people into SUBJECTS to the bank under international law (coming one - world bank STATE). Years later, FDR puts the banking elite through the 14th amendment completely in control by presiding over the USA INC into bankruptcy and transforming the "jurisdiction" of the courts fully into civil law (slave civil law courts) instead of common law with a Christian Heritage [[through the FDR Coup D'etah. ]] The Banking Elite assassinates President John F. Kennedy in response to his speech against secret societies ruling America and his efforts to abolish the banking cartal/cabal as well as his refusal to put troops in SouthEast Asia. America is now continuously at war from 1787 to 2010 to support the monetized debt bank under the STATE. American people sign voter registration forms admitting to status as "United States Citizens" under the 14th Amendment, thus GIVING CONSENT to the banking system's corporate rule over them. Most Americans have "bank accounts" giving consent to the bankruptcy of the country and lordship of the corporate banking elite over them. American's do not fire federal judges who rule the 10 Commandments must be removed from Federal Property. Americans DO NOTHING to stop the STATE/the BANK from ruling over them. Now they can, it's called Amendment 28: Abolish. End your slavery: Support Amendment 28: Abolish. Please Contact Primary Spokesman Michael Smith @ [email protected]_ (mailto:[email protected]) if you will help [Non-text portions of this message have been removed]
