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Breakfast Scramble: Fourth Amendment DOA in Indiana

DavidL's Breakfast Scramble
The day the freedom died in Indiana, from NWI Times [1]:

INDIANAPOLIS | Overturning a common law dating back to the English Magna Carta of 1215, the Indiana Supreme Court ruled Thursday that Hoosiers have no right to resist unlawful police entry into their homes.

In a 3-2 decision, Justice Steven David writing for the court said if a police officer wants to enter a home for any reason or no reason at all, a homeowner cannot do anything to block the officer’s entry.

“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.”

As is stands, the Fourth Amendment is null and void in Indiana.  It shall not stand.

Addendum: (Eric) Neither should Indiana Governor Mitch Daniels, says Bill Quick [2], since he supported Steven H. David, who authored the majority opinion.I think Quick is spot on, here.  Do we really want the man who appointed David, the moron who authored this monster, appointing justices to the SCOTUS? I certainly don’t.

Sudden Jihad Syndrome, from Michelle [3]:

If you listen to the passengers and crew who flew on American Airlines Flight 1561 last weekend, there’s no doubt about what happened on their harrowing trip: A Yemeni man shrieking “Allahu akbar!” [4] at the top of his lungs more than 30 times rushed the cockpit door twice intending to take down the plane and kill everyone on board.

The clammy, sweaty lone male passenger exhibited classic symptoms of what Middle East scholar and author Daniel Pipes has dubbed “Sudden Jihad Syndrome” [5] — a seemingly random outbreak of threatening behavior or violence by a hysterical Muslim adherent who had not previously exhibited signs of Islamic radicalization. It took at least four men to tackle and restrain Rageh Ahmed Mohammed al-Murisi. “There was no question in everybody’s mind that he was going to do something [6],” passenger Angelina Marty told the San Francisco Chronicle.

Call it Sudden Patriot Syndrome.   The jihadists can not win if Americans continue to step forward to do their duty when drafted into the service of their country by circumstances beyond their control.

Getting Ronney wrong, from Peter Suderman, Reason [7][sic]:

Romney’s only real contrast between his plan and the president’s plan boiled down to a single, simple distinction: Obama’s overhaul was a federal overhaul; Romney’s was state-based. Romney would have us believe that the same system of mandates and regulations that constitutes an unconscionable imposition on individual liberty at the federal level is somehow a natural and great part of the American way of life at the state level. As for the mandate, well, it was a sensible way to enforce encourage “personal responsibility,” a conservative policy solution designed to fend off the “big-government approach” of making taxpayers cough up for uncompensated care while letting hospital emergency rooms crowd with uninsured.

Evidently Mr. Suderman has never read, or has completely, forgotten the Constitution of the United State:.   From the Bill of Rights [8]:

Article XI

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Article XII

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people

All power, unless specifically delegated to the United States, belongs to the several states.  As such, Massachusetts has the power to compel her citizens to purchase health insurance Heck, I never said the founding fathers were wise.  However the federal government has no such power.

Nothing I said should be taken as an endorsement of Mitt Romney.

Taking Dumbo to the woodshed, video:

From: [not so] Nice Deb [9].

Ramble back, Eric: [10]

SYRACUSE, NY- As this is written I’m being unloaded in Syracuse.  A grey morning, here with a bit of rain.  I may end up going home after this, but I’m hoping not, since it means a shorter check. It’s Friday the 13th, and I’m sitting on dock 13. Hmmm

For twenty years I had a name for Friday the Thirteenth, to wit payday.

More Ramble back:

EXACTLY WHY I DUMPED BLOGGER I feel your pain, Ann… [11] but in fairness I’ve been looking at using Blogger as a backup site, automatically linked.

If  Professor Althouse were to stay at Instapundit, if would be a instant improvement.