"A democracy is two wolves and a small lamb voting on what to have for dinner. Freedom under a constitutional republic is a well armed lamb contesting the vote." - Benjamin Franklin

Saturday, May 14, 2011

Mitch Daniels Disqualifies Himself

hat tip MARKET TICKER -Karl Denninger

And another one bites the dust...
On appeal the court took notice of the nearly eight hundred year nearly-unbroken right to resist an unlawful arrest, including:
The English common-law right to resist unlawful police action existed for over three hundred years, and some scholars trace its origin to the Magna Carta in 1215. Craig Hemmens & Daniel Levin, "Not a Law at All": A Call for the Return to the Common Law Right to Resist Unlawful Arrest, 29 Sw. U. L. Rev. 1, 9 (1999). The United States Supreme Court recognized this right in Bad Elk v. United States, 177 U.S. 529, 535 (1900): "If the officer had no right to arrest, the other party might resist the illegal attempt to arrest him, using no more force than was absolutely necessary to repel the assault constituting the attempt to arrest." The Supreme Court has affirmed this right as recently as 1948. United States v. Di Re, 332 U.S. 581, 594 (1948) ("One has an undoubted right to resist an unlawful arrest, and courts will uphold the right of resistance in proper cases.").

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