In Defense of Law Enforcement

The principles of responsibility for adjudicating the laws to protect American citizens, was the subject of discussion as far back as February 1794. Then, the important issue was really related to the responsibility, rights, powers and duties of a Jury of citizens to try law as well as determine the guilt or innocence of offenders. Basically, it was determined that it is a serious misconception to believe that any statute, law, rule, regulation or ordinance passed by legislatures, city councils or county commissioners, that bears the appearance of law simply because it was written, is not necessarily legitimate. Any such law must stand the test of Constitutionality. They can be challenged. An important principle.

In Marbury vs. Madison (1803) It was decided that:  “All laws which are repugnant to the Constitution are null and void.”  That’s simple enough to understand. In a case titled Norton vs. Shelby Co. 118 US 425 p 442, the results of trial concluded that “An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed.”

The responsibility for acting within the law is not an American trait alone; all nations have some observance of it. But not all have the written safeguards our US Constitution has given us. Right now it is being perverted, like Germany’s after World War I.

Our old nemeses, the Nazi’s, it should be noted, early in their invasion of Poland, sent out SS killer units called Einsatzgruppen’s, the sole purpose of which was to seek out and murder Jews and other undesirables, in areas the German army had just conquered. At first there were not enough SS members to do the task completely so individuals of Army Infantry units were drafted from their commands with orders to assist the SS in killing Jews. Historians have revealed this but, many German soldiers absolutely refused to participate in SS genocides, for any reason. Here’s where I’m going. These soldiers were returned to their units, without prejudice, headed for the eastern front. They were not tried by Courts-Martial for refusing orders or any other offense against the Reich. The SS leadership, the Nazi party, knew they were conducting criminal offenses that could not go on record in a trial of a soldier who refused to participate. That’s simply one example of soldiers/policemen refusing illegal orders even under the absolutely worst conditions imaginable, genocidal war.

For Americans, a Jury is the final arbitrator not only of guilt or innocence but also of the law. Despite what a Judge may order a jury to find, a jury can determine that a law is indeed repugnant to the Constitution and declare it null and void. The power of a Jury is un-reviewable and un-reversible.

Basically, an unconstitutional statue, disguised as a law or having the appearance and name of of a law, is none the less, no law at all rendering it null and void for any purpose. No one is bound to obey an unconstitutional law and no court is bound to enforce it. Wait until the Clinton’s get back into power.

I am not a lawyer but I have forty-three years of law enforcement behind me and these things, among others, were first taught to us in our various LE academy’s and constantly reinforced by supervisors in squad meetings and, In my day, practiced on the streets.

Today, the difference for a police officer enforcing the law is that criminals, now emboldened by how the law has been perverted, often push the envelope of their protections, step over the line of both the law and common sense and get killed for it. As often, as we are now seeing on our mean streets, more bad are guy’s getting killed by an armed citizenry as well as by policemen.

A police officer is not duty bound to be killed by a hoodlum, drug addict, or domestic violence perpetrator, without trying to defend himself. And, he is not duty bound to kill hoodlums simply because they are hoodlums. His first responsibility is to neutralize a situation then effect an arrest and then collect evidence. Because each initial contact between officer and offender can be measured in milliseconds, the presence of a service weapon, in hand, is now almost required, not by regulation but by common sense for personal self defense.

Action is always faster than reaction and such decisions are reviewed and judged by lawyers for years. 

It is this atmosphere that has stretched the limits of what the Constitution permits and it is a certain minefield for the improperly trained police officer who fails to maintain the positive attitude that brought him or her into law enforcement in the first place, but still be willing to take a life when doing their duty. Detainees who do not wish to get shot should realize that If they make a threatening motion, they may be shot dead. In any event, it’ll hurt like hell!

It’s happening nearly every day now that our youthful Americans of African descent, who believe they have found a voice outside the norms of society take independent action which is usually unlawful. Their only means of expression seems to be through individually directed violence towards white people who happens to wander into their sight. Surveillance videos is revealing these assaults in ever increasing numbers and confirming the origin.

Police officers normally do not become experts in hand-to-hand combat or with impact weapons, chemical spray, guns, or even driving. Officers are daily exposed to all of these things but are given minimal to moderate introduction to limited skill certifications in these specialized fields because that is what us taxpayers are willing to pay for them to do their jobs.

We’re simply not willing to pay thousands of dollars per week per officer for them to become proficient and maintain these perishable skills. Taxpayers are not willing to budget for the hours, facility time and high costs of training to keep them on the cutting edge. And frankly, they don’t need to be elite level operators like TV shows and movie hero’s and most don’t want to be.

Instead they are given a framework to operate within, the cheapest gear we want to afford, and then expect them to work miracles in impossible circumstances with limited information against a decaying society operating with criminal intent to get what they can for themselves, the law be damned. Under these circumstances they can never be 100% correct, but they can still be alive.

Remember, in National Socialist Germany, the police forces were augmented, then overtaken by the street thugs of Hitlers SA, SD and later, the SS. Thugs like to wear uniforms.

Remember, Freedom is the goal, the Constitution is the way. Now go get ‘em.

George G. McClellan, a California native, was a Regular Army veteran and served a tour in post war Korea. His post army professional career covered 43 years in law enforcement including the California Highway Patrol and the US Naval Investigative Service (NCIS), among others. With the latter, he became a world traveler visiting and working in many countries from the Philippine Islands to the United Kingdom, Asia, the Middle-East, Bosnia, all of Europe, Russia and India. He retired from the NIS at Naval Air Station, Atlanta, Ga. and has remained in the north Georgia area since 1990 as a co-owner of a Security Consulting company. He earned a Certified Protectional Professional (CPP) certification from the American Society for Industrial Security, as well as a Fraud Examiner certification (CFE). He has published a historical biography on a namesake, a member of the John Jacob Astor Fur Company who explored a route west, and back, after Lewis and Clark. Early American history, Celtic influence on America and conservative politics, remain his greatest interests. He is also a bagpiper since 1975. He and his wife since 1965 now resides in Gilmer County, Ga.