The Militarized Police Have Become The Founders’ Worst Nightmare
In a great article for the New American, attorney Joe Wolverton reviews the horrors of militarized police set forth in the Randy Balko book, “Rise of the Warrior Cop.” I have expressed my admiration for the book as a call for a return to “the law” as it was traditionally understood throughout our history. The publisher of Balko’s Rise of the Warrior Cop book, explains:
The American approach to law enforcement was forged by the experience of revolution. Emerging as they did from the shadow of British rule, the country’s founders would likely have viewed police, as they exist today, as a standing army, and therefore a threat to liberty. Even so, excessive force and disregard for the Bill of Rights have become epidemic in today’s world. According to civil liberties reporter Radley Balko, these are all symptoms of a generation-long shift to increasingly aggressive, militaristic, and arguably unconstitutional policing—one that would have shocked the conscience of America’s founders.
Listed below are other quotes attributed in the article. They set forth a very different law enforcement than the militarized police forces currently patrolling our cities in tanks and armored personnel carriers. During the Virginia ratifying convention, James Madison described a standing army as the “greatest mischief that can happen.”
Fellow delegate to the Constitutional Convention of 1787, George Mason put a finer point on it:
No man has a greater regard for the military gentlemen than I have. I admire their intrepidity, perseverance, and valor. But when once a standing army is established in any country, the people lose their liberty. When, against a regular and disciplined army, yeomanry are the only defence [sic], — yeomanry, unskilful and unarmed, — what chance is there for preserving freedom? Give me leave to recur to the page of history, to warn you of your present danger. Recollect the history of most nations of the world. What havoc, desolation, and destruction, have been perpetrated by standing armies!
In The Federalist, No. 29, Alexander Hamilton echoes not only Mason’s warning against a standing army, but his solution to the threat, as well.
If circumstances should at any time oblige the government to form an army of any magnitude that army can never be formidable to the liberties of the people while there is a large body of citizens, little, if at all, inferior to them in discipline and the use of arms, who stand ready to defend their own rights and those of their fellow-citizens. This appears to me the only substitute that can be devised for a standing army, and the best possible security against it, if it should exist.
In commenting on Blackstone’s Commentaries, founding era jurist St. George Tucker speaks as if he foresaw our day and the fatal combination of an increasingly militarized police force and the disarmament of civilians:
Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any colour or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.
In an essay published in the Wall Street Journal last August, Radley Balko presented chilling and convincing evidence of the blurring of the line between cop and soldier:
Driven by martial rhetoric and the availability of military-style equipment — from bayonets and M-16 rifles to armored personnel carriers — American police forces have often adopted a mind-set previously reserved for the battlefield. The war on drugs and, more recently, post-9/11 antiterrorism efforts have created a new figure on the U.S. scene: the warrior cop — armed to the teeth, ready to deal harshly with targeted wrongdoers, and a growing threat to familiar American liberties.
Balko rightly connects the menace of the martial police with the decline in liberty and a disintegration of legal boundaries between sheriffs and generals. The threat of the police becoming a standing army of the sort our forefathers believed to be “inconsistent with liberty” is a reality on our streets. Understanding the issues of law and policy raised by a militarized police force will inform your understanding of any number of issues we will be struggling with as Americans for the next generation.
Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio. He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671. You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500. Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog. You can email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324. “All I do is DUI defense.”
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