REAL WORLD EVENT DISCUSSIONS

On the right to resist.

POSTED BY: FREMDFIRMA
UPDATED: Tuesday, December 6, 2011 11:40
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Tuesday, December 6, 2011 11:36 AM

FREMDFIRMA



There's an ongoing issue here in the MI State Supreme Court over whether one has the "right" to resist even an obviously bullshit arrest, or otherwise resist an agent of the State clearly acting outside the bounds of their office - which IMHO should not even BE a question, but it's currently a hot point of debate...

Will Grigg has an excellent write-up about recent events regarding that which is well worth a read, here.
http://freedominourtime.blogspot.com/2011/12/right-to-resist-will-mich
igan-repeal.html


Here are some salient extracts.
Quote:

However, the Michigan state legislature – prompted by the Court of Appeals -- modified the relevant section of the state code (MCL 705.81d) by removing the clause recognizing the common law right to prevent an unlawful arrest (that is, an armed kidnapping) by a police officer.

Which was flatly illegal, the manner in which they did so, and such chicaneries are in fact one of the primary reasons I have so little respect for the so-called "rule of law" when it's dictated and enforced by sumbitches who can change the rules at whim - rules which, mind you, they ignore if such should be applied to THEM.

Kudos also to Justice Young, who busted Babbits chops HARD, in that he refused to accept essentially "Well, uhh, BECAUSE!" as an excuse.
Quote:

Remarkably, Babbitt’s argument was met with withering skepticism by several members of the court. Among them was Chief Justice Robert P. Young, Jr., who asked Babbitt what “textual” support existed for the proposition that the legislature had abrogated the common law right to resist arrest.

“I can’t answer that question, because it doesn’t say `We are abrogating the common law right to use self-defense,'” Babbitt replied, perspiration condensing on his brow as he realized where the conversation was headed.

“I think you answered it, then,” Young replied, thereby causing that trickle of flop sweat to become a torrent. “Don’t you lose if you can’t answer that question?”

Babbitt was allowed a brief interval in which to dither and dissimulate before Young summarized the matter with brutal concision:

“I’m posing a very simple question to you, the answer to which, I think, is dispositive: If the arrest is unlawful, if the intrusion is unlawful, and a physical melee ensues because of the resistance of the resident, under the common law rule, he can do that…. You don’t win [the case] unless you can persuade us that the [statute under which] he was charged abrogates the common law rule. Tell me why, when the text is silent on the common law rule, you still win.”


Ha, because you don't - you cannot ABROGATE the motherfucking United States Constitution, specifically the Fourth Amendment thereof, by changing a few words of State Legislation to apply it out of context.

I hope they kick Babbits ass on this, I really do.

-Frem

I do not serve the Blind God.

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Tuesday, December 6, 2011 11:40 AM

CANTTAKESKY


Thanks, Frem. Chief Justice Young gives me hope for the USA I know and love. :)

-----
Never be deceived that the rich will allow you to vote away their wealth. -- Lucy Parsons (1853-1942, labor activist and anarcho-communist)

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