U.S. Supreme Court
OWEN v. CITY OF INDEPENDENCE, 445 U.S. 622 (1980)
445 U.S. 622
OWEN v. CITY OF INDEPENDENCE, MISSOURI, ET AL.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT.
Argued January 8, 1980.
Decided April 16, 1980.
A municipality has no immunity from liability under 1983 flowing from its constitutional violations and may not assert the good faith of its officers as a defense to such liability. Pp. 635-658.
While reading the above, Owen v. City of Independence, I ran across a footnote that I found particularly interesting.
The footnote indicates that all public servants, elected or appointed, are liable for error when violating a citizens rights under Federal Law. Here, in Footnote 25, we have a unique opinion that makes even LEGISLATORS liable.
[Footnote 25] See, e. g., Globe 305 (remarks of Rep. Arthur) (“But if the Legislature enacts a law, if the Governor enforces it, if the judge upon the bench renders a judgment, if the sheriff levy an execution, execute a writ, serve a summons, or make an arrest, all acting under a solemn, official oath, [445 U.S. 622, 644] though as pure in duty as a saint and as immaculate as a seraph, for a mere error in judgment, they are liable. . .”); id., at 385 (remarks of Rep. Lewis); Globe App. 217 (remarks of Sen. Thurman).
Do you see it? “But if the Legislature enacts a law…” and all that follows… “THEY ARE LIABLE.”
Here is a remedy for every bad law, every encroachment made and liberty stolen. If we hold them liable for what they have done and seek restitution … we may be able to roll back their ever advancing infringement on our rights which are guaranteed by the Supreme Law of the Land: The Constitution.
The public servants that believe they have immunity because they are following some “law” or “regulation” need to be put on notice that there is no such immunity for their error. This can be an important part of our arsenal in the protection of our Liberty. But I believe this process would hinge on specific use of the Constitution and the Bill of Rights. It would be essential to include all pertinent writings regarding the intent of the founders for the particular right protected in order to establish without doubt that the Federally Protected Right has been violated.
Can State Representatives be held liable for violation of rights protected under Federal Law (the Constitution)? Why not? Could we not hold all responsible and file claim seeking remedy? Could a single case filed against a State Representative result in a recall with a special election? The possibilities are endless.
It is my belief that this could be a greater weapon when used LOCALLY to keep city, town and county public servants in line with the Constitution. As this remedy may be applied much easier locally and as it gains momentum it can then be applied to State officials. But this can be used immediately and effectively in all situations involving Law Enforcement Officers.
Your comments and ideas are appreciated.
In the gun control debate there is one particularly annoying thing the pro gun control lobbyists are very good at doing: citing statistics and giving no reference for them. Piers Morgan has made a huge deal about the crime rate in America but fails to mention that crime has dropped by 50% from 2009 to 2011. Meanwhile, in the U.K., where they have strict gun control (NO GUNS!!), the violent crime rate is rising off the charts.
Of course, there are other annoying things the pro gun controllers do, such as using the term “assault” weapon for small caliber, single shot weapons. But let us address the important topic of Crime Rates to show that as private gun ownership rises – crime rates fall.
Watch this and check the numbers:
May 19, 2010
There is a certain segment of the patriot community that consistently harps the chorus that we cannot change our system of government because the system is not the original intention of the founders of this free Republic. They chant that the system was hi-jacked and changed. My personal argument against their despairing outlook is that if the system were hi-jacked once it can be hi-jacked again … by us.
Of course, this is met with more despairing arguments such as the systems use of fraud during the election cycle and the vast amounts of money used to target the millions of malleable Americans which, even though disgusted and angry with the current state of affairs, are still unaware of the cold hard facts, the cause of these problems and the undeniable solutions.
As these disenchanted patriots move further away from the problems we face by disassociating themselves with the current form of government by use of various “paytriot” processes, there are many of us that have put on our gloves and jumped into the ring.
Through organizations like The Bill of Rights Defense Committee, The Tenth Amendment Center and the Tea Party we have been making excellent strides. These victories are not only becoming numerous but as visible as highlighted text. The writing is on the wall for the “establishment”.
Note the recent victories at the ballot box during this primary cycle:
Good Bye Arlen Specter! The fourth Democrat to lose a high profile race. And this loss comes in spite of his attempt to ride the Obama wave of popularity by changing parties in order to retain power.
Hello Rand Paul! And he is just one of many constitutionalist “Statesmen” that have joined the fray. A sound victory with more than 60% of the vote spells trouble for the status quo. The fact that Obama and his left leaning policies are not so well loved in Kentucky would make it appear to be an insurmountable task to stop Dr. Pauls march to the Senate.
As intended, there will be sweeping changes in the bodies that occupy both Houses… regardless of the money or fraud the “old guard” devotes to their efforts to retain the status quo. The “Obama” factor has become a liability as his popularity may not even be close to the numbers promoted by his adoring, boot licking media mouth pieces.
All the good news from the primary elections is just a small part of the battle. States are beginning to find their spine and are ready to stand on their own, making the hard choices and accepting the responsibility to deal with the burden and problems characteristic of those choices. Many local communities, Counties and States have passed legislation barring the enforcement of the Patriot Act, any amendments thereof and certain Executive Orders.
The ongoing efforts of the several states flexing their muscle include not only the “10th Amendment” legislation being passed in State Houses but also legislation designed to nullify the usurpation of State power by the federal government. Current nullification efforts include: Firearms Freedom Act, Medical Marijuana Laws, REAL ID, Health Care Freedom Act, Bring the Guard Home, Constitutional Tender, Cap and Trade, Federal Tax Funds Act, Sheriffs First Legislation, Federal Gun Laws, and Regulation of Intrastate Commerce.
The battle for Freedom and visible change in the political landscape continue in spite of the efforts of certain groups to bolster their numbers with insistent argument that participation in the “system” is futile. History is being made and these people will never be able to say they were a part of it. While others take to the work they stand on the sidelines believing the fairy tale that “if” they could swell their numbers they “might” be able to “apply pressure” that would bring about the desired change. (Note to those that have made this argument: After reading your argument here, doesn’t it sound a bit foolish?)
Personally, I believe these groups to be dead on regarding specific issues but totally disagree that participation in efforts to retake the government are futile. It is my belief that if the States really want to demonstrate the true extent of their power they should deny the Federal Government one of these powers. That power would be the right to issue a Passport. By reclaiming this specific right the States would be making the strongest demonstration of their Sovereignty that could possibly be made. And for those of you that do not believe the several states have the right to issue Passports I would say to you that you are ignorant of the form of government we live under. When I see a serious effort to promote the reclaiming of this rightful power by the several states begin in earnest… I will be one of the first on board.
But Please … don’t ever tell me that participation in these efforts to retake our government are an effort in futility. Join us. Fight the Good Fight.
From “hijackednation” at YouTube:
21st Century Traitors
You think you live in a “free” nation?? Think again…
Legal Child Kidnapping:
Visit “hijackednation” at YouTube.
Bob Basso author of “Common Sense” plays the role of Thomas Paine to ignite the fire of change in America. Patriotism and Pride for America lead Thomas Paine to help take back America!
In this OLD TV SHOW “At Issue” (from The National Endowment For Liberty), Ron Paul is joined by a panel of experts to discuss the power of the jury and to expose the Judge’s dirty little secret.
“Jury Nullification” is the power of the Jury to overturn bad laws (of which, we have MANY). It is an important tool guaranteed to citizens serving on jury duty. Jury nullification enables us to declare laws unjust, if we are so inclined.
Most Judges do not want you to know about this power. Juries are only told they can rule “guilty” or “not guilty.” They are never told of their third option, “the law is bad.”
Shame on bad Judges covering up this power and the corrupt system which allow these arrogant Judges to remain on the bench.
Learn your rights and DO NOT try to get out of jury duty.
As citizens we only have two real powers to keep the Gov’t in check:
1) The power to vote
2) The power of the jury
Your rights: Use them or loose them. With rumors of the American Bar Association working to eliminate juries in the future. And with the PROVEN vulnerability of the electronic voting machines, what voice will we have left? Welcome to Slavery, population: YOU!
1) The power to vote
2) The power of the jury