Col. North. (Guest Commentator) on recent Barnes v. State Opinion by Indiana Supreme Court

Col North is very quickly holding the ISC's decision on Barnes v. State VOID. 
I hereby rule and direct that the motion of Honorable Defender of the Republic, petitioner 'Goliath and Associates for America', be granted.
The ISC decision, reference Barnes v. State, is hereby set aside and vacated immediately. The decision may be posted on goliathandwimmens. blogspot.com, a well known news media outlet of general circulation,
I am ruling that the State of Indiana does not have the right to abrogate the Magna Carta, the Constitution of the United States of America, nor the Bill of Rights with such a capricious and arbitrary decision. .
I am ruling the ISC decision on Barnes v. State as dangerous and harmful.
The ISC ruling leaves the public at risk and without the protection of the law.
I am overturning it forthwith.
The ISC ruling on Barnes v. State is very unsound. It is chilling to our freedoms and the principles of our Republic.
I find that there is no legal basis whatsoever for the Indiana Supreme Court to make such an OVERLY BROAD, dangerous, and reckless determination as they did in Barnes v. State
I can not comprehend what the majority on the court in this situation could possibly have been thinking!
If their intention was to deal specifically with a potential spousal abuse/safety situation, they could have more narrowly restricted the scope of the ruling. Possibly, they could have addressed that in a VERY limited and well constrained manner. A specific, defined fact-set situation and directive could possibly have been set out. However, even on that basis, they would been on very shaky ground.
As prior established supporting commentary and germane observations for my ruling, please note:
Those of us whom have actually opposed totalitarian dictatorship governments know where this leads.
Operation Reinhard was the code name given to the Nazi plan to murder Polish Jews in the General Government, and marked the most deadly phase of the Holocaust, the use ofextermination camps. During the operation, as many as two million people were murdered in BełżecMajdanekSobibor and Treblinka, almost all of whom were Jews.[(Wikipedia)
The Checka in Russia and then the KGB in the Union of Soviet Socialist Republics (U.S.S.R) LOVED that type of unrestrained state authority. So do the KGB's successors, the FSK (1991)and the FSB (1995). (Wikipedia)
Americans oppose totalitarianism. Always.
Lavrenti Beria and Joseph Vissarionovich Stalin loved this type of state power and we see what resulted: a totalitarian dictatorship.
Americans oppose unbridled power.
The KGB is the common abbreviation for the Russian "Committee for State Security".
It was the national security agency of the Soviet Union from 1954 until 1991, and its premier internal securityintelligence, and secret police organization during that time. (Wikipedia).
The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause. It was adopted as a response to the abuse of the writ of assistance, which is a type of general search warrant, in theAmerican Revolution. Search and arrest should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer, who has sworn by it.
The Fifth Amendment (Amendment V) to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215. For instance, grand juries and the phrase "due process" both trace their origin to the Magna Carta. (Wikipedia)
Col North additionally finds his is one of the worst attempts to legislate from the bench AND simultaneously destroy basic principles of right and liberty ever attempted.
I am holding that this egregious ruling, reference Barnes v. State by the Indiana Supreme Court, to be very poorly reasoned and totally unsupportable.
It is hereby held to be actually sophomoric.For the Indiana Supreme Court to attack this time tested basis of our freedom, going back to the Magna Carta (1215) is stunningly unsound!
As the learned and Mighty Goliath and associates know, Col North in his historic role on the bench in Indiana normally only rules upon and deals with "foreign policy" issues as directed by the congress . However, since there is a clear and present danger to the freedom of the citizens and they are at risk because of this astounding decision by the ISC, I am entering this emergency ruling. It will become law when posted on Goliathandwimmens.blogspot.com.
The peasants, a.k.a. the unwashed masses, are rebelling against the Crown and the King's men. Ruling for Goliath and Associates. The ISC decision on Barnes v. State is overturned and remanded to the Dustbin of History! Muy pronto! Our more perfect union is preserved!
Let Freedom Ring!
Respectfully,

Comments

Anonymous said…
Wow!
Thanks to Goliath for repesenting us, we the people, and getting such a rapid decision for our protection!

This was a slam dunk!

Draino!
Anonymous said…
"But you must remember, my fellow-citizens, that eternal vigilance by the people is the price of liberty, and that you must pay the price if you wish to secure the blessing. It behooves you, therefore, to be watchful in your States as well as in the Federal Government."

Andrew Jackson, Farewell Address, March 4, 1837
Anonymous said…
Good job Golaith!
"Those who expect to reap the blessings of freedom must, like men, undergo the fatigue of supporting it."

Thomas Paine: The American Crisis, No. 4,1777
Anonymous said…
Petitioning the government
for a redress of grievances, Goliath has acted
swiftly and very wisely
on our behalf
in obtaining this ruling from the bench!

"If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary."

James Madison, Federalist no. 51.
Anonymous said…
Go Goliath!
"It is weakness rather than wickedness which renders men unfit to be trusted with unlimited power."
John Adams, 1788
Anonymous said…
"Freedom is never an achieved state; like electricity, we've got to keep generating it or the lights go out."
Wayne LaPierre
Anonymous said…
"The battle, sir, is not to the strong alone; it is to the vigilant, the active, the brave."

Patrick Henry
Goliath said…
Goliath just wish Courts of genr'l jurisdiction would reconize this here ruling!
Anonymous said…
Strange..... Support Democracy! Back Goliath!
Anonymous said…
Indiana lawmakers support Col North's ruling setting aside Indiana Supreme Court ruling!

Lawmakers, Protesters Want Court To Rethink Illegal Home Entries

INDIANAPOLIS -- The leaders of the Indiana House and Senate, along with organizers of a planned protest, want the state Supreme Court to reconsider its ruling that found people don't have the right to resist police officers who enter their homes illegally.

http://www.theindychannel.com/news/28003219/detail.html



The court's 3-2 ruling this month may have unintentionally erased hundreds of years of precedent allowing reasonable resistance. They suggested a narrower ruling addressing circumstances such as domestic disturbances.



More than 1,700 people said they plan to attend a protest of the ruling set for Wednesday at noon at the Indiana Statehouse.
Anonymous said…
Indianapolis Star
Opponents of Supreme Court ruling plan rally today
May. 25, 2011



Opponents of an Indiana Supreme Court ruling that found that people don't have the right to resist police officers who enter their homes illegally will gather for a rally today at the Statehouse.

The rally will be from noon to 2 p.m. on the south steps of the Statehouse.

The ruling issued last week in a Vanderburgh County case has sparked outrage among some residents and lawmakers, with a flurry of threats made against police and judges and calls for the state to reinforce homeowners' rights.

The 3-2 ruling brought Indiana law in line with most other states', but critics contend that it infringes on their constitutional rights and contradicts centuries of common law precedent regarding homeowners' rights and the limits of police power.

The ruling dealt with narrow circumstances in which an Evansville man blocked and then shoved a police officer who tried to enter his home without a warrant after his wife called 911 during an argument with her husband. The man was shocked with a stun gun and arrested. His wife told officers he hadn't hit her.

The court held that residents can't resist police who enter their home for whatever reason, and a civil lawsuit is their only alternative. The state Supreme Court said it would be safer for all concerned to let police proceed even with an illegal action and sort it out later in court.

Police are investigating several threatening emails and phone calls directed at the state Supreme Court because of the ruling, court spokeswoman Kathryn Dolan said. She declined to say how many threats the court received, but said most of them were aimed at police officers.

The Associated Press contributed to this story
Follow Star reporter Carrie Ritchie on Twitter at twitter.com/CarrieRitchie. Call her at (317) 444-2751.
http://www.indystar.com/article/20110525/LOCAL/105250380/Opponents-Supreme-Court-ruling-plan-rally-today?odyssey=tab|topnews|text|IndyStar.com

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