The pseudonym "Philo Vaihinger" has been abandoned. All posts have been and are written by me, Joseph Auclair.

Sunday, July 17, 2016

You want lawful policing? Policing that remains consistent with law and that defends our rights?

Here's a police union head who doesn't.

He wants to trim the rights of the people to make policing safer.

You're a fan of separation of powers?

You know, so legislatures make the laws and executives have to enforce them.

But executives don't get to make up the law to suit the preferences of the police.

Well, he's not a fan.

And if it's blacks taking pot shots at police he's worried about I don't quite see why that danger should be greater during the Republican convention than at other times.

Still, you might think that in situations of actual civil disturbance police could prohibit the carrying of weapons in affected areas.

Or the mayor could, or the governor could.

You would be wrong.

You might think it could be done if martial law is invoked to cope with an emergency, but under the US constitution no one enjoys the authority to impose any such thing as martial law, ever.

The thing simply does not exist.

But the Congress (not the president) does have the authority to suspend the writ of habeas corpus in cases of rebellion or invasion, if the public safety requires it, allowing executive authorities to detain people as they may choose so long as the writ is suspended.

Cleveland police union asks for suspension of 'open carry' in wake of Baton Rouge, ahead of RNC

The head of Cleveland's largest police union is calling on Ohio Gov. John Kasich to temporarily restrict the state's gun laws during this week's Republican National Convention following Sunday's shooting in Louisiana that killed three officers and wounded at least three others.

"We are sending a letter to Gov. Kasich requesting assistance from him. 

He could very easily do some kind of executive order or something -- I don't care if it's constitutional or not at this point," Stephen Loomis, president of Cleveland Police Patrolmen's Association, told CNN. 

"They can fight about it after the RNC or they can lift it after the RNC, but I want him to absolutely outlaw open-carry in Cuyahoga County until this RNC is over."

So-called "open carry" gun laws in Ohio allow for licensed firearm owners to wear their weapons in public. 

With the exception of a small "secure zone" inside and around the Quicken Loans Arena, residents, delegates and protesters are legally permitted to walk around the city -- including within its 1.7 square mile regulated "event zone" -- with any firearm not explicitly banned by the state.

The governor gave the policeman a much needed civics lesson.

Kasich, responding to the request, said: "Ohio governors do not have the power to arbitrarily suspend federal and state constitutional rights or state laws as suggested."

Which is not to say the policeman is mistaken in his belief that the government in general and law enforcement and the executive branch in particular regularly and intentionally flout the law and the constitution when seeking to deal with outbreaks of civil disorder.

But they never admit that that is what they are doing when they do it.

Update. 

The convention is over and nothing happened. 

In 1968, the left trashed Chicago during the Democrats' convention, helping hand the White House to the Republicans. 

Wait for Philadelphia. 

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