By: Allison Bricker
CROWN POINT, Ind. – Outrage continues to boil over following the Indiana Supreme Court’s 3-2 ruling in BARNES vs. STATE of INDIANA nullifying via judicial decree, the natural right to be free from arbitrary unwarranted government intrusion. Additional escalation came after Newton County Indiana Sheriff Don Hartman Senior’s comments were published in, “Ind. Sheriff: If We Need to Conduct RANDOM HOUSE to HOUSE Searches We Will” which proceded to spread across the internet like a firestorm. The sheriff’s blatant disregard for his oath of office even spawned an effort to remove Sheriff Hartman Senior from office altogether. In addition, a protest relating to the Indiana Supreme Court Ruling is scheduled to take place at the Indiana Statehouse on Wednesday, May 25th, 2011.
Further, the Indiana General Assembly, which spent much of this year’s session lost in limbo due to political-party tug-o-war, is according to State Senator Sue Landske (R), investigating mechanisms that they may undertake in order to temper the state Supreme Court ruling and the unintended consequences therein. Therefore, with the gravity of the state Supreme Court’s ruling shining the spotlight on Indiana and given that the Indiana General Assembly is a part-time legislature, not set to reconvene until January of 2012, the ONLY solution capable of resolving this Constitutional crisis in a timely fashion is for the Governor to call for an EMERGENCY SPECIAL SESSION so as to remedy this dangerous overreach of government.
Unfortunately, Mitch Daniels’ office states that this is a matter of “separation of powers” and thus repeated requests for the Governor to extrapolate further have been met with “no comment.”
As the situation currently stands, according to Kathryn Dolan, Public Information Officer for the Indiana Supreme Court, either party has 30 days following the decision to petition the court for a rehearing, of which plaintiff Richard Barnes intends to do through his attorney. Should however the Indiana Supreme Court fail to acknowledge its flagrant attempt to amend the Indiana Constitution from the bench, in lieu of a proper amendatory procedure, Mr. Barnes indicates he is prepared to take the matter all the way to the Supreme Court of the United States.
Moreover, while average Americans and to a greater extent everyday Hoosiers are increasingly angered by such an unabashed power grab by government, Indiana University, Maurer School of Law Professor Charles Geyh, feels the distemper is misplaced. In a telephone call yesterday afternoon conducted by this reporter, Professor Geyh explained to me that nothing has really changed other than the court deciding that it is a better to avoid an escalation in violence by prohibiting Hoosiers from resisting an UNLAWFUL ENTRY, but that an UNLAWFUL ENTRY remains nonetheless illegal; others however disagree with his assessment of the court’s opinion.
His solution is for any potential victim of unwarranted state intrusion; accept the pain and public humiliation of being temporarily incarcerated, due to the speedy nature of modern arraignments, and to then retain adequate legal counsel in order to sue the infringing unit of government.
It is remains however; the opinion of this unashamed pro-Liberty reporter that such a solution is a wholly unacceptable compromise. The nauseating ramifications of such accepted acquiescence to state power are numerous and plain under simple examination.
- No innocent victim of an UNLAWFUL entry should spend one moment in the custody of the state.
- No innocent victim of UNLAWFUL entry should have to go through an arraignment.
- No innocent victim of UNLAWFUL entry should spend their resources for bail or bond.
- No Innocent victim of UNLAWFUL entry should spend time and money retaining an attorney.
- No innocent victim of UNLAWFUL entry should have their time lost in an unnecessary trial.
- Taxpayers should not have their wealth misappropriated to bearing the cost of numerous and unnecessary trials of spectacle.
- Moreover, most importantly, no FREE SOCIETY stands for arbitrary unwarranted UNLAWFUL intrusion by government.
Peace, Love, or rEVOLution.
Source(s):BARNES vs. STATE of INDIANA – INDIANA SUPREME COURT ruling No. 82S05-1007-CR-343, May 12, 2011 • :Attest Allison Bricker, Telephone call to Professor Charles Geh 05/18/2011 • :Attest Allison Bricker email from Kathryn Dolan received 05/18/2011• Voicemail message from State Senator Sue Landske, received 05/17/2011
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