Emergency Powers for the State or Civil Rights Violations?
Violent crime in Arizona has doubled every year since 2005, almost certainly due to international predators since the actual population has only increased by less than a million 'persons'. Since this would qualify as an 'emergency condition' even by federal executive power laws, the creation of laws governing an emergency by the state of Arizona is easily within its Tenth Amendment ("The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved by the states respectively, or to the people.") authorities in order to deal with what amounts to a violent foreign invasion of that state. It may not be a civil rights issue at all since the violent predators are not citizens in many cases.
And note the Fourteenth Amendment: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." The Arizona law, in an emergency, does NOT deprive a person of his life, liberty or property, noting that a 'person' is not defined as a 'citizen under the jurisdiction of the United States', until he has been identified as a suspect in a crime but also gives equal protection at that point. Under emergency conditions, many of the 'persons' could qualify as enemy combatants or habitual terrorists and are not entitled to the Bill of Rights protections of citizens.
We probably shouldn't go into the fact that each 'person' entering the State of Arizona who doesn't have citizenship rights automatically costs the citizens of that state $150,000 dollars per person for security, judicial, educational, and health administration. What happens if the Arizona or New Mexico or Texas State has a law that says a 'person' coming across the border automatically owes that State an infrastructure 'fee' of $150,000 and that he can be detained in desert tent facilities until it is paid? If the 'person' is not a citizen, would such a fee be a form of involuntary servitude prohibited by the Thirteenth Amendment? It might be if the 'person' is given work planting bioflora 'forests' of Jatropha bushes as part of a soil reclamation project for the Great State of Mind in order to compensate for the $150,000 owed.
Nearly all modern crimes are committed by the use of weapons from ambush in the absence of constituted authority. Many such ambushes occur against the members of constituted authority because the 'person' only sees his own instinctive needs, not some constituted infrastructure that allows him to live. The human society changed, but the primitive didn't. It is necessary to remember that an area anywhere in the world can be compromised by terrorist activity as many currently are. Most terrorist operations are based on a very primitive but nearly universal predatory instinct to acquire wealth and sustenance (and female mates) from the people who inhabit a given area. It does not matter whether the place is ancient Jerusalem with 300 or 400 foreign occupations over 4000 years or Juarez, North America, with tribal violence passing though it 20 times in 200 years. The current tribal violence in Juarez for drug loot is based on the same primitive instincts and certainly doesn't come under the conditions of Constitutional sovereignty where the rights of 'citizens' as opposed to 'persons' are equated as the same thing. Rights did not exist until they were created by a consensus forming some constituted authority. There is no human 'privilege' that supersedes a 'right' given by common agreement in spite of what an individual's subconscious tells him.
Much
of the violence of
the world is based on the same primitive instincts and certainly don't come
under the conditions of Constitutional sovereignty. There have been many
instances in American history in which the level of violence in a community area
has reached such a magnitude that local police cannot react to it without
citizen aid as militia. The current examples are Washington DC and
Chicago, Illinois, but also a territorial zone within 100 miles of the Mexican
border where drug terrorists are maintaining a sanctuary by force. This
zone is very little different from pirate sanctuaries in Tripoli (1800) or
Jamaica (1730) or Chicago (1930). They all required a re-establishment of
constitutional safety that local authorities were incapable of creating because
of their own predatory greed. As a community is overrun by outside
forces, it is the rights of citizens that are taken away, not by a government, but
by the communities' attacker(s). Why would an organized criminal activity by 'persons'
be given the same rights protection it has taken from the 'citizens' of a
community? Is there a way of maintaining some constitutional balance as the
Justice and Liberty covenants say is necessary?
Three part Police citation of the future?
Since this article is a constitutional speculation, just suppose that law enforcement officers had the ability to write a citation with a redeemable monetary value when a citizen is stopped in public and becomes a member of the county militia during the "conversation" that takes place? In this speculative scenario, a policeman on some desert highway stops a vehicle with a very tenuous 'probable suspicion' of doing 80 miles per hour on a road that doesn't have another vehicle within two miles of it. He then inspects the vehicle and its occupants for various safety and legal activity. If the officer finds a violation, he makes the appropriate citation and /or arrest of a 'person' in the vehicle. But suppose he finds nothing wrong after the search or inspection but engages in a discussion with the driver concerning criminal activity in the driver's home county? He is then engaging in a Second Amendment process ("A well regulated militia, being necessary for the security of a free state") in which the driver has temporarily become a member of a community militia in that state. If the 'person' has been validated as a 'citizen' and the information that is given is useful in the eyes of law enforcement, the officer may issue a "Militia Service' citation that can be sent into the state Department of Public Safety for redemption. This is so that the citizen has not wasted his time with what might under some conditions be considered a violation of his Fourth Amendment rights and Fourteenth Amendment privileges. As a regulated militiaman in service to his community, even if only for a half hour, his rights are kept intact and he is compensated for the time lost during the militia instruction or regulation period. Only state legislatures can determine the legal qualifications of temporary militia service without long term commitments such as National Guardsmen have. Since it qualifies as a Second Amendment militia regulation process, there should be no national constitutional issues.
The
front side of the Militia Service citation has the 'militiaman' information the
law officer writes into the citation, but uses only the certificate number to make
references to the regulatory activity that took place. Note that any
information obtained by this militia process might be used in later court
activity. The right-most section, front and back, are torn off and
retained by the officer. The remaining sections are given to the
militiaman, with the front two sections torn off, folded, and mailed to the
state militia operations office. A bank redeemable check is then sent to
the militiaman.
The back side of the citation, in brochure format, is given to the
militiaman for his records and to educate on the terms of the militia service
within the county. The front and back parts of the brochure are printed on
separate sheets, not doubled sided, so that the the front section can be mailed
to the state and the back section can be kept, along with a militia emblem that
can be peeled off and stuck on clothing as an indicator of militia
participation. The emblem is in the form of a traditional tri-corner
patriot hat with the county symbol in its center.
Societal Gain?
The point of this process is to bring about a cooperation between law
enforcement and 'citizens' engaged in normal life-style activities when there is
an expectation of the Liberty covenant of the constitution. It is,
unfortunately, this expectation during an emergency or possible emergency that
causes many problems in society. A person who blocks the door in a burning
building cannot expect to have his rights respected, nor can a terrorist who
carries a weapon of mass destruction. It doesn't matter whether the WMD is
a kilo of CX explosive or a kilo of cocaine or even a speeding car. The
act of immediate endangerment to citizens temporarily sets aside human and civil
rights as long as some form of Justice is maintained, in this case through
Militia Service as proscribed by the Second and Fourth Amendments, with
due regard for the Common Defense appropriation authorities of the states.
Note that rights can be set aside for the short time of an emergency, not as
a renunciation by any authority of the state. A pre-emptive militia
regulation process might save many lives and monies if terroristic emergencies
are curtailed or prevented.
- PROS: 30,000 Militia Responses per year at $20= $600, 000. Resulting 3000 militia assisted arrests save state $12 million property damage
- CONS: Stopping a 'citizen' in public may violate 4th, 5th and 14th Amendment protections. Invasive database created?
- MAYBE: As traditional militiaman, is Liberty and justice for All preserved? Could a officer issue a debit card citation with info instead of paperwork?
- Sources: Arizona State websites, Library of Congress, Political Science Quarterly.
