Toward a Police Reform Movement -- Part One
By L. Neil Smith
[email protected]
Exclusive to The Libertarian Enterprise
THE PROBLEM
Every day we hear of some act of brutality carried out by
federal, state, or local "law enforcement" against individuals or
groups whose only crime was the exercise of their unalienable
individual, civil, Constitutional, and human rights. "Policemen" at
every level of government have become, more than any mere military
organization, the "standing army" hated and feared by America's
Founders.
There are many reasons for this, among them a failure on the part
of those Founders to provide for proper enforcement of the first ten
amendments to the Constitution, commonly known as the Bill of Rights.
Much of today's freedom movement (consisting of Libertarians,
"Constitutionalists", and even a growing number of "liberals") is
attempting to identify the root causes of America's ills.
As long as the causes of a problem are being addressed, there's
nothing wrong with ameliorating symptoms, as well. You may get a
CAT-scan to see why you suffer migraines, but you also take an
aspirin. Accordingly, I suggest the following steps -- many of which
I've considered for decades -- to begin treating the symptoms by
which we know we've all begun living in a police state.
Any one of these measures (or all of them together), may be
pursued by concerned individuals and groups who find them interesting
-- without regard to their political ideology -- as conventional
legislation, as constitutional or charter amendments, as initiated
referenda, or as a part of settlements in lawsuits.
SOME ANSWERS
First, there being no provision in the United States Constitution
for a national police force of any kind -- and in compliance with the
9th and 10th Amendments -- all federal "law enforcement" agencies
must be abolished and their present and former employees subjected to
legal scrutiny of their current and past activities. As "interim"
measures, these agencies and their employees will be forbidden to
carry or employ weapons of any kind, and will be permitted to operate
at all only under close supervision by local police.
All military weapons, vehicles, and aircraft presently in use by
these agencies will be surrendered for distribution to the populace
who paid for them.
Independent civilian review boards will be established to insure
that federal conduct remains fully consistent with the Bill of
Rights. No pleas of secrecy or "national security" will be permitted
to impede their investigations. Any willful misunderstanding, for
political purposes, of any article of the Bill of Rights on the part
of any elected or appointed official will be considered evidence of
an intention to commit a crime against the Constitution.
LOCAL POLICE
All police officers at state, county, and local levels of
government will be required to wear uniforms on duty and be forbidden
to act in a professional capacity when off duty, or wearing civilian
clothing. All uniforms must bear individual name patches and badge
numbers easily legible from a distance of fifty yards, and it will be
unlawful to cover or obscure them in any way. It will also be
unlawful for police officers to conceal their facial features with
any sort of helmet or mask, or to wear camouflaged or military-style
clothing.
All vehicles employed by local police must be clearly marked and
readily identifiable, with highly-visible registration numbers.
Agencies at every level of government will be forbidden the use of
helicopters which, in recent years, have increasingly become an
instrument of state terrorism and statist oppression.
Police officers may not possess, carry, or employ any weapon
prohibited to civilians, nor carry a weapon of any kind off duty,
concealed or otherwise, until laws at every level of government
forbidding civilians to do so in exactly the same manner have been
repealed. Bullet resistant clothing and equipment, which seem only to
have engendered an increasingly contemptuous disregard for the lives,
property, and rights of civilians, will be strictly forbidden.
To avoid conflict of interest and prevent over-zealous
enforcement of statues and ordinances, all fines and traffic revenues
will be divided equally among the American Civil Liberties Union and
Amnesty International (provided they adopt a view of the Bill of
Rights which is consistent from article to article), and state
Libertarian parties, provided they send nothing to the national
Libertarian Party until its own internal corruption has been
eliminated.
Handcuffs or other restraining devices may not be used on those
arrested for nonviolent crimes, especially for purposes of public
display. Arresting officials will be held fully and individually
responsible under civil and criminal law for any humiliation to which
arrestees later proved innocent are subjected.
In "seige" situations (which may not be initiated merely because
someone expresses a wish to be left alone, locks himself in his
house, or possesses weapons) authorities will be prohibited from
interrupting telephone or other utilities, or from restricting free
access by the media to the subjects of the operation.
A NEWER COVENANT
Individual officers of both the military and police will be
required to prove themselves all over again by publicly taking an
oath to uphold, defend, and enforce, without reservation, every
separate article of the Bill of Rights. Any police officer or member
of the military who refuses to obey an order which, in good faith, he
or she considers to be unconstitutional or unlawful will receive
executive clemency and, should the order prove to have been
unconstitutional or unlawful, promotion and reinstatement to full pay
and benefits.
[TO BE CONTINUED]
L. Neil Smith, a Life Member of the National Rifle Association for
24 years, is the award-winning author of The Probability Broach,
Pallas, Henry Martyn, and many other novels, as well as publisher
of The Libertarian Enterprise, available free by e-mail subscription
or at http://www.webleyweb.com/tle/. His own site,
the "Webley Page" is at http://www.lneilsmith.org//
Food For Thought By John Taylor [email protected]
'Those now possessing weapons and ammunition are at once to turn them
over to the local police authority. Firearms and ammunition found in
a Jew's possession will be forfeited to the government without
compensation. ... Whoever willfully or negligently violates the
provisions ... will be punished with imprisonment and a fine. In
especially severe cases of deliberate violations, the punishment is
imprisonment in a penitentiary for up to five years.' -- German
Minister of the Interior, "Regulations Against Jews' Possession of
Weapons", 11 November 1938
'Individuals subject to this [Lautenberg domestic violence]
disability should immediately lawfully dispose of their firearms and
ammunition. We recommend that such persons relinquish their firearms
and ammunition to a third party, such as their attorney, to their
local police agency, or a Federal firearms dealer. The continued
possession of firearms or ammunition by persons under this disability
is a violation of law and may subject the possessor to criminal
penalties. In addition, such firearms and ammunition are subject to
seizure and forfeiture.' -- "Open Letter From The Director, Bureau Of
Alcohol, Tobacco And Firearms"