Friday, May 8, 2009

There Ought'a Be A Law...


With all this talk of secession lately and the "State Sovereignty" movement I would like to make a suggestion for a new law that can be used to protect State Rights*. Now as an anarchist I should probably be the last person to recommend that the government write a new law. I think we have too many as it is now and that leads to confusion amongst people as to which laws they should obey because they deal with stopping crime and those laws implemented just to keep people from enjoying life. But since this new law I propose deals with punishing our benevolent government officials for the crimes they commit against "We The People" then I think I'll just go ahead and let the chips land where they may. And it's not exactly a new law per se since it already exists in the Texas Penal Code. I'm just adding a new set of circumstances to which it should apply.

"Chapter 39. Abuse of Office

Sec. 39.03. OFFICIAL OPPRESSION. (a) A public servant acting under color of his office or employment commits an offense if he:
(1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful;
(2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful; or
(3) intentionally subjects another to sexual harassment."


This is usually the law that is applied when a Law Enforcement Officer unnecessarily beats the living daylights out of an arrestee (I've been investigated for this a few times but each time I was cleared for using only that force necessary to effect an arrest against a resistant suspect). As you can see this law covers a lot of bases in what most of us would accept as a good definition of oppression by government officials except that most officials can skirt this law just by claiming that they didn't "know" that their conduct was unlawful and it's only a Class A misdemeanor.

What I propose is that we add a fourth condition to the offense, namely:

(4) intentionally enforces or attempts to enforce ___.

What we put in the blank is any Federal law that restricts an activity that the State of Texas has declared is the Right of Texans to exercise as they see fit. If Texas decides to legalize marijuana, then to correct the mistake the State of California made, we make it an offense for Federal Law Enforcement officials to enforce the Federal statutes that conflict with Texas law. We can do this for a future "Assault Weapons" ban, to protect Free Speech, to protect property from Federal eminent domain proceedings, etc., etc. All the Texas legislature has to do is to add each and every Federal law as it comes out of Congress that "denies or impedes (a Texan) in the exercise or enjoyment of any right, privilege, power, or immunity."

And I would further propose that a violation of this portion of the law become a Capital Felony punishable by life in prison or death. By making it a felony, any Texan is authorized under the law to arrest an offender and bring him before a magistrate. By raising it to the Capital level we can show that Texas is not fooling around. I would add one more stipulation though that a party found guilty under this section can be punished in place of life or death with being declared persona non grata and sent into exile from the State of Texas. If he should ever return to Texas without a pardon then the original punishment will be imposed.

This is one way for the States to protect their citizens from an over-reaching central government. Leviathan has been putting the screws to "We The People" for some time and now is the time for sending the screws back the other way.

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