This is not the 1950's Jim Crow era; it is 2021. Why do we continue to tolerate police officers mistreating our fellow Americans who happen to be not white? We have all the over-use of force by officers; we have listened to the cries of mothers who lost a son or daughter, or children who lost a father.
Yet, any attempt at police reform, or changing the law on qualified immunity, runs into a big roadblock; it is labeled "Republicans in Congress."
What is it about treating all Americans with respect and equal courtesy, regardless of color, that seems to be so difficult for some policemen, and for some members of Congress?
See, there is this "Declaration of Independence" paper that was signed so many years ago, by so many of our Founding Fathers. It states ". . . all men are created equal. . .". There are no provisions, subsections, or amendments to that statement. None whatsoever.
All men are created equal.
The corollary is also quite simple: All men are entitled to equal treatment under the law.
It really is that simple. It should not be difficult for law enforcement agencies throughout the country to take this simple statement and make it a part and parcel of training, of how it's business is conducted, and how the officers work. If an officer, regardless of rank or position, has a problem understanding this principle, he or she should be released from duty; and not be allowed to join with another law enforcement agency.
Lacking any action from Congress, in 2020 the State of Colorado passed SB217, which limits qualified immunity in respect to law enforcement officers. The law specifically states that qualified immunity is not a defense and limits the applicability of the Colorado Governmental Immunity Act. As Congress is unwilling to act, forty-nine other states and the District of Columbia should follow Colorado's example, without delay.
If you feel strongly about this issue, please let your state and federal representatives know it. They won't do anything unless we, the voters, put pressure on them.
As always, thank you for reading. Thoughts and comments are appreciated.
R.M. "Bob" Hartman
Originally posted by weirdo763 as a reply to a different blog post:
ReplyDeleteThe Declaration of Independence has no legal standing, it was for its time a politically astute and extremely dangerous, nasty, letter to one of the most powerful among those ordained with the divine right to absolute rule, King George III, demanding the no less extreme and dangerous right of self governance with a pleading for support from those at war with King George's England. The 14th amend legally established the equality that doesn't exist. Qualified immunity reminds me of the 2nd amend where the collective, a well regulated, was edited out, just like qualified has been edited out of qualified immunity. One thing among so very many necessary policing reforms could be Fed "Go teams" with the authority of the NTSB's go teams to respond to every use of deadly force. That would at least eliminate the local political dynamic that's in play now. If voter pressure were a concern, we'd have health care, firearm regulation, fair election laws, taxes on those with few if any wants, etc. ; )
While I agree that the DOI has no legal standing, it is one of the founding documents and therefore has historical and moral precedence. As to the 14th, it was added in 1868; and states very clearly that no State shall deny to any person in it's jurisdiction equal protection under the law.
ReplyDeleteAs to the collective being edited out of the 2nd, it is still there; the only editing is done by the FRW in an attempt to create fear and power.
The "Go Teams" is an excellent idea!