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:
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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.").
"Conservatism is the antithesis of the kind of ideological fanaticism that has brought so much horror and destruction to the world. The common sense and common decency of ordinary men and women, working out their own lives in their own way -- this is the heart of American conservatism today. Conservative wisdom and principles are derived from willingness to learn, not just from what is going on now, but from what has happened before."
"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
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