Well, There Goes Another Amendment

For those of you not paying attention the Fourth Amendment was repealed this week.  First in Indiana we have a ruling in Barnes v. Indiana where the majority ruled that if the police want to enter your home for any or no reason you can't resist.  Writing for the majority justice Steven David said:

"We believe ... a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence," David said. "We also find that allowing resistance unnecessarily escalates the level of violence and therefore the risk of injuries to all parties involved without preventing the arrest."

Starting with the Magna Carta in 1215, it was common law that

 "The poorest man may in his cottage bid defiance to all the forces of the crown. It may be frail - its roof may shake - the wind may blow through it - the storm may enter - the rain may enter - but the King of England cannot enter."

As Prime Minister William Pitt wrote in 1763.

Before and during the American Revolution the Red Coats pretty much busted into any house anytime they chose, because the colonists weren't considered "British Subjects", but "colonists".  Remember the whole "Taxation Without Representation" thing?  That's why they put:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

In as Amendment #4. 

So if Johnny Law come busting through your doors and windows and you shoot back, you're now in deep doo-doo.  Doesn't matter if they raided your house because they got the wrong address on the "No-knock" warrant.   Sorry but with the easy availability of police badges and police equipment goblins have taken to "announcing" themselves police when breaking into people's homes so as not to get shot.  This makes it worse.  Fortunately this ruling was just limited to Indiana, but I fear it may spread.

Not to be out done, the US Supreme Court decided that the whole 4th Amendment needs to be tossed.  Bad cases make bad case law and this one is a bad case and this one is a prima facie example of how the 4th SHOULD work.  In all previous 4A cases, if the Police got the wrong house then anything they found was suppressed or tossed out as evidence.  Fruit of the Poisoned Tree was the term, meaning that if the warrant or the search (the "tree") is tainted, then any evidence gained from it (the "fruit") is as well. 
Previously the police needed to get a warrant after convincing a judge that they had probable cause to believe that a crime had been or was about to be committed.  Only then could they enter your home or other property.  Over the years there were "exigent circumstances" permitted:  Someone screaming for help, flames or smoke emanating for the structure, or in hot pursuit of a fleeing felon.  But that those where very narrow and very limited and the police could NOT create them. . And over the years bad people got away with bad things because the police didn't follow the rules.  Evidence illegally obtained was tossed and the perp walked.

Now, police officers and other agents of the state simply need to say "exigent circumstances"  and all evidence is admissible, no matter how badly obtained.  Fruit of the Poisoned Tree is gone.  You have no right to refuse entry to any agent of the state, and anything they find they can use against you in court.  Almost 800 years of Common and Codified Law gone in a moment.

But what really torques me is that:
1)  Justice David was appointed by Gov. Mitch Daniels.  So if he decides to run for President this appointment is an albatross around his neck. and
2)  This is one of those very rare times I agree with Justice Ginsberg.

Now before everyone accuses me of being a Cop Basher, remember I was a Military Police Office in the Army. A Combat Cop.  I know a little about Law Enforcement as I was one.  But, I know that my first Duty is too the Constitution.

Cutting the Grass

I've been doing it since I was about 10.  It was a chore that was handed down from my father to me.  My brothers all had the job so when it my turn, it was my turn.  I learned to cut straight making neat rows with the wheel marks.  Nice lines that showed I cared about neatness, and I did.

Soon it became a way to earn money.  There was no First National Bank of Mom and Dad.  Yes, they bought food and shelter, clothes and school books, transportation and the occasional vacation.

But we had to make or pay for own fun.  Want one of those neat toys from the back pages of the comics (that we bought with our money), you pay for it from what you've earned.

And what you earned didn't include an allowance.  There was no such thing.  You lived in this house you were expected to contribute.   Back in those days, there were fights, literally, to see who got the paper routes when one came open.  Oh, and they would come open, prove yourself to be undependable or unreliable, and you got fired from being a paper-carrier.  Forever.  No second chances.  Done.  And you would be looked down upon by your peers.  You failed at being a newspaper boy.  That might cost you your friendship, parents would talk bad about the boy.  Now days it adults in cars; then, it was kids on foot or bikes. Humping 40+ pounds of newspapers.   The job sucked; rain, snow, 100 degrees+  it did not matter.  The papers were plopped in bundles at the end of your driveway and you had to get them delivered or risk losing the job.
 
So you did it.  The first life lesson in "Suck it up, Princess."  You want that fancy new bike, it has a cost.  10 degrees below 0 on a February morning and you better not hit metal part at the bottom of the screen doors and make the dogs bark.   Papers were delivered to the porch, or in between the screen and the front door.  Not tossed in the driveway to get all wet and soggy.

Then you had to go around every week to collect the money.  You had to sell also.  If someone wasn't taking the paper, you knocked on those doors until they told you to never come back, or a new family moved in.  You had to make change and turn in the receipts, and then get yelled out because your still delivering papers to those two or three houses who's owners are never home to collect from, but are the first to call if the paper is so much as a minute late.

It was a different world, you held the job until you got what you wanted out of it.  That new bike or other expensive goody.  You had the job for a couple of years, then you announced that you didn't want to do it any more.  You're older and looking move up to a part time job somewhere.  Anywhere indoors.  And not at 4am every morning.  Every morning.  Not one day off.  Unless you had the Afternoon paper.  Then you got Sunday's off, because they didn't have a Sunday edition. But it paid less. 

And we cut grass in the summer and shoveled snow in the winter.  If they didn't have their own kids too do it,  you could guarantee that they would come and take a gander at your own lawn and see if you trimmed and made straight lines.  It had better look nice or it was "No thanks, kid.  I do it myself."  Sometimes we did not get the job not because we couldn't cut straight lines, but they did it themselves because there just wasn't money in the budget to hire out the neighbor kid.  $5 to cut the grass was a lot of money in those days.  You could feed a family of 4 at McDonalds for $5. And get change back.   

Snow, on the other hand, there always seemed to be money in the budget to hire those two idiot neighbor kids.  $5 between the two of 'em to hand shovel 100+ feet of two cars wide,12 inch deep wet, slushy, driven over snow.  Yep, stay in there where it's warm and then point out all the spots that still need to be chiseled free of ice before paying up.  And guess what, the reason we tore through it in no time is because we both have a crush on your daughter.  And we'd shovel your driveway for free just to impress her as to how strong and tough we are.  But it's getting dark and we have to move on to the next house.  We will hand shovel 10-15 driveways a day after a heavy snow fall.  And come home well after dark, cold, wet, hungry and tired.  Inhale whatever Mom made for dinner, and go back for seconds and thirds; shortly after we'd collapse in bed and thank G-d that we didn't have to get up at 4am any more and deliver newspapers.

I'm Still Here

It's been an interesting week.  Meaning that Wheaton Park District Baseball is in full swing.  Although for the first time in many years, I'm not coaching or managing a team, I'm still actively involved with Robert and his team.  His coach is very much in-tune with what I look for in a leader.  In this case, it's all about winning.  We had at least 10 practices before the other teams even had one.  We also practice during the week, so with two games a week, plus one or two practices make for lots on time on the ball field.  Oh, and BP starts 45 minutes before game time.  Don't be late.

There's another dad and I who split the cost of taking the boys to the local batting cages to continue to work on their swings.  Robert has his righthanded one down pretty good (still needs some work on his footwork), and is learning to slap-hit left handed.  Since he's a fast runner, this gets him out of the box quicker and puts pressure on the infielders to make the play.  He definitely has the skill to switch hit, now it's just practicing to do it right each time.

Also since the weather has at time been nicer, it's gotten me out of the house.  Tried to go shooting last Friday, but arrived at the range just after the black wall cloud got there.  Got missed by the tornado, but still got wet going into the office.   I wanted to try out my new Ruger LCR that the members of ASC gave me in appreciation of my three years a president.   I was really touched and choked up when they presented it to me.  I still can't thank them enough for their kindness.

I've went back last Tuesday for my first cycle, first dose of Maintenance Chemo.  Since it's Velcade only, it doesn't take as long, only about 2 hours.  Hemoglobin was 9.4, which is worrisome.  After a month of no chemo, I would have expected my red blood cells to have recovered.  I thought I was more tired then "normal"  but was starting to feel "better" before this round.   A shot of Anranesp and I should be back up above 10 this week. 

I'm working on a couple of longer posts, but Blogger has been kind of hit and miss the last couple of days.  I'll finish them up and get them posted this week.

One Week After Bin-Laden's Death

Well, it's been oover a week now since we got to see that iconic photo of Obama watching an Air Force General play Black Ops do something on a computer in the Situation Room at the White House.  Various reports state that they were watching the raid on-line or it was a PowerPoint briefing by Leon Panetta.  The story keeps changing as to what they were watching and why Hillary had her hand over her mouth (Shocked or covering a cough?) .  Nevermind that.  Crazy Ol' Uncle Joe Biden as usual couldn't keep his mouth shut and annouced to the world that it was Navy SEALs (Team 6) supported by the US Army's 160th SOAR (Special Operations Aviation Regiment) that "got 'im".  Even though he was reportedly unarmed in the firefight.

Bravo Zulu to all the folks in uniform and the Intel weenies that made this happen.  I will shed no tears over the death of one greatest perpetrators of terrorism.  It was long overdue and well done.

But let's examine a few points.

1.  The Intel that lead to this event came prisoners we have at Guantanamo Bay.  They may have even given up the lead(s) because of "Enhanced Interrogation Techniques".   Obama promised to close Guantanamo Bay within a year of taking office, yet it remains open, and there seem to be no plans to change anything there.   However, the howls of protest from the usual lefty America hating groups have been reduced to crickets chirping.

2. Do you really think there was any way Bin-Laden would have been captured alive?
No.
Chance.
In.
Hell.

No matter what, think of the consequences had we captured him alive.

3.  Had we captured Bin-Laden alive what would we have done with him ?  Put him in the SuperMax prison at Florence, CO ?  The US Disciplinary Barracks at Ft. Leavenworth ? or the still open Guantanamo Bay?

4.  After that then what?  A trial in New York?  Washington?  somewhere else in the US?  or Guantanamo Bay?  He would have jumped at the chance to testify in his own defense.  We would then give him an international stage to daily rage/preach/incite against the Great Satan?

5.  And how do we get him an impartial jury anywhere in the US?  And what to do when he had been found guilty, a death sentence?  Life in prison?   Maybe even less then life?  Where?  Ft. Leavenworth?  Florence, CO? or Gitmo again?

6.  Or think if the charges get dismissed or he's found Not Guilty on a technicality or three, then what ?   Put him aboard the next flight to Pakistan?  Afghanistan?  Saudi Arabia?   Think of what would happen to any president who put Bin-Laden on trial and he gets to go free because of a technicality.  

When Bin-Laden moved into that "mansion" six or so odd years ago, he had to know that we was never coming out of there alive.  Because when SEAL Team 6 went into Abbotabad that night, there was no way Bin-Laden was coming out alive.  He had to be killed and his body taken and dumped into the sea.  Proper Muslim Funeral rituals or not, there could be no grave, no monument, no pilgrimage site.  Only one person could give that order, and given all the possible outcomes, it was the only possible order to give.   Frankly, I'm impressed that Obama did.   Again, Bravo Zulu.

Yet, in the aftermath and as a result of Bin-Laden's death, we still remain at Defcon Mauve or whatever the new color scheme is in Terror Level Ver46.0.  We still have a lumbering new bureaucracy in the Department of Homeland Security.  The gropers, perverts and child molesters of the TSA remain a fixture in the nations airports (Total terrorists caught to date: Zero).   Nothing changed for us since his death.  Yet, everything that he caused by his terror remains.

So what did we really accomplish with his death?

The Height of Hypocrisy

On the very Day that Illinois House Bill 148 was to be voted on.

On the Day where Illinois would either stand with the 49 other states or stand alone.

On the Day that the Family and Personal Protection Act would allow  me and every other law abiding citizen of this state to protect themselves from the thugs and vermin that infest Chicago.

On the Day that the bill Mayor Daley has railed against.

Fought against.

Twisted arms.

Forged backroom deals.

Lied about it, in every way possible,

Done everything to prevent the good citizens of this state from exercising their fundamental right as outlined in the US Constitution and affirmed, not once, but TWICE, the second time coming against the VERY CITY he was elected to be mayor of and that he SWORE to uphold THAT Constitution.

He has the gall, the audacity, the nerve to ask that taxpayer funded armed men protect him and his family.

I'm writing the mayor a letter, and I promise to be nice, but it will point out all of the above.  If you love liberty and this country, this cannot be allowed to stand.  If we can NOT protect ourselves, then by G-d, I'll be damned if I have to help pay for his.

Chivalry and Modern Society.

Every now and again I see something that hits me right between the eyes. 

That link is to my friend Brigid's blog.  I've read her blog for a couple of years now, and a couple of weekends ago go the chance to briefly meet her at the Indy Blogmeet.  Unfortunately we sat at opposite ends of the table and didn't get a chance to talk.

Anyhow.  I spend roughly every other weekend with my son.  While we do "Dangerous Things" and work on Webelos achievements, the underlying theme in everything I do is to teach him to be a Gentleman.  From If - by Rudyard Kipling, to The Boy Scout Oath, Motto and Law to Henry V to Leonidas and the 300 and how to hunt to provide for his family, to protect and defend that family, to the history of America and the American Revolution by going to Appleseeds to basic manners, saying Sir and Ma'am, telling him about my service as an Army Officer and what it means to be an Officer and a Leader.  I may have been made an Officer by act of Congress, but my parents taught me to be Gentleman. 


But I know I have limited time, so I try to pack as much as can into the limited time we have together.

It's a job that never ends as I still learn and have more to learn from my father.  It's amazing how smart he got as I got older. 
 
I just hope my son becomes, is and remains one.

Excuses Your Liberal Friends can use.....

#12. I voted Democrat because my head is so firmly planted up my ass, it's unlikely that I'll ever have another point of view
#11. I voted Democrat because while we live in the greatest, most wonderful country in the world, I was promised "HOPE AND CHANGE
#10. I voted Democrat because I think that it's better to pay billions to people who hate us for their oil, but not drill our own because it might upset some endangered beetle or gopher.
#9. I voted Democrat because I believe liberal judges need to rewrite the Constitution every few days to suit some fringe kooks who would never get their agendas past the voters.
#8. I voted Democrat because I believe that business should not be allowed to make profits for themselves. They need to break even and give the rest away to the government for redistribution as the Democrats see fit.
#7. I voted Democrat because I think illegal aliens have a right to free health care, education, and Social Security benefits.
#6. I voted Democrat because I'm not concerned about millions of babies being aborted so long as we keep all death row inmates alive. 
#5. I voted Democrat because I believe that people who can't tell us if it will rain on Friday can tell us that the polar ice caps will melt away in ten years if I don't start driving a Prius.               
#4. I voted Democrat because I'm way too irresponsible to own a gun,  and I know that my local police are all I need to protect me from  murderers and thieves.
#3. I voted Democrat because Freedom of Speech is fine as long as nobody is offended by it.                      
#2. I voted Democrat because I believe the government will do a better job of spending the money I earn than I would.                         
#1. I voted Democrat because I believe oil companies' profits of 4% on a gallon of gas are obscene, but the government taxing the same gallon of gas at 15% isn't.