|Kindergarten Constitutional law for igno-Crats.|
Posted by: LateForLunch ® |
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There is a provision in the U.S. Constitution known as the "equal enforcement" Amendment. See, in the bad-old-days (back to which the 'Crats are eternally striving to drag us all) English government would use its power to authorize punitive/malicious actions BY THE STATE against its political adversaries/enemies.
For example if some English town/village/region opposed the Crown's authority new laws would be passed which ONLY applied to their enemies.
This gave whoever controlled the government the overwhelming power to attack, injure and even murder any group they disliked under the pretense of legal government authority.
For example, an angry English official would pass laws applying to enemies which if violated allowed arrest/imprisonment/execution, but only against enemies.
It wasn't until the passage of over-arching reforms such as the Magna Carta and other things that using government power to attack/harm/destroy enemies became illegal in English government.
The Founders who wrote the U.S. Constitution included the the Equal Enforcement of Law provision for the EXPRESSED, SPECIFIC PURPOSE of preventing any government in the U.S. (from the lowest to the highest) from using government power to attack/injure/exterminate enemies.
So when a Portland government official instructed officers under his direct authority to "stand down" and allow heavily-armed ANTIFA domestic terrorists (cue Mark Levin: THERE I said it!!) to use the weapons they carried to a legal gathering to attack/injure/attempt to MURDER demonstrators Portland's mayor arguably committed an egregious violation of Constitutional Law.
Even though the government of Portland did not allow its officers to PARTICIPATE DIRECTLY in the attacks/injuries to conservative demonstrators, by refusing to enforce laws in regard to the wanton violence they witnessed being delivered onto ANTIFAs enemies, they arguably were legally complicit in the outcome.
All that is needed in a legal sense to prove culpability/liability is to establish evidence of gross negligence. That it would seem to me is wholly obvious in this case.
Imagine if Black Lives Matter held a public march (with legal permits) and local law enforcement officers observed a mob of white supremacists carrying deadly weapons arrive and begin unprovoked attacks on the BLM marchers and DID NOTHING TO STOP IT!!
There would be INSTANT 24/7 coverage on every leftist news outlet over the "fascist" government officials which allowed it.
No doubt Portland's Communist mayor will claim that he used the levity of the Commissioner's office to make a "judgment call" not to "aggravate" the situation by having the officers intercede. That's not going to fly IMO. Any normal human being will ask, "Where in the training manual for law enforcement is it published that officers may IGNORE VIOLENT FELONIES/ATTEMPTED MURDER/RIOTING they observe because they don't feel like intervening?
The problem legally for them is that the normal procedure (established by precedents) would have then been for law enforcement to SHUT DOWN THE EVENT immediately by declaring it an illegal assembly and arresting/detaining anyone observed committing a crime or refusing to disburse.
But what Portland authorities chose to do instead was to become utterly passive NON-PARTICIPANTS and simply ALLOW ANTIFA rioters to wantonly attack people.
There is a legal precedent known as the Heckler's Veto which has been found to be illegal. Any government official who makes decisions about enforcement of law based on allowing criminally violent people free reign are in violation of the U.S. Constitution.
So that is what Portland will hopefully now have to answer to in federal court - whether they by failing to equally enforce the law, tacitly participated in creating a situation where the Heckler's Veto was permitted.
The young conservative who was nearly killed who may well have permanent injuries as a result of the Portland P.D.s refusal to enforce laws against attempted murder, will have standing to sue for a LOT of money.
There may also be one of those "consent decrees" in Portland's future, forcing them to agree to enforce the law equally in the future or face severe penalties.
Modified by LateForLunch at Wed, Jul 03, 2019, 12:54:35
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