The Honorable Mitchell E. Daniels, Jr.
Governor of the State of Indiana
Dear Mr. Governor,
I write to you to express my severe outrage regarding a recent decision of the Indiana Supreme Court, and to implore you to take action in this matter.
As you are undoubtedly aware, on Thursday the 12th of this month, the Indiana Supreme Court ruled that a private person is not entitled to forcibly resist the burglary of his home by law enforcement officers acting under "the color of law".
This decision violates nearly 800 years of legal precedent, from the Magna Carta of 1215 to, most recently, a United States Supreme Court ruling in 1948 (one of two such rulings in the 20th century) authorizing the use of reasonable force to resist such unlawful entry of a home by police. It also ignores the current laws of your state, which permit the use of reasonable force for such purpose, and which only prohibit the forcible resistance of lawful police acts.
The justices responsible cite "current Fourth Amendment jurisprudence" in their decision- said "jurisprudence" ignores both the letter, and the intent, of the Fourth Amendment of the United States Constitution, and the substantially similar Article 1, Section 11, of the Indiana State Constitution.
The justices also cite "public policy" as a basis for their decision. I cannot fathom how any reasonable person can believe that abrogating the essential liberties of the public, in furtherance of government intrusion, can be seen as an acceptable "public policy".
Governor, I have become an ardent participant in the movement to convince you to run for the Presidency of the United States. Chief among the qualities I admire about you, are your steadfast devotion to reducing the size and scope of government in all respects, and your exceptional efforts in broadening the rights of individuals to defend themselves, their families and their homes by enacting protections for those who exercise their Constitutional right to keep and bear arms. This recent ISC decision violates both of those principles- it intrusively expands the role of government by severely curtailing the right of the individual to resist illegal police action with judicious force.
I implore you to examine the matter carefully, and take whatever action is within your power to undo this act. Devote your considerable talents to this matter, as you have to the many other difficulties you have faced in your position. I implore you also to remember the oath you swore when you assumed your office- to uphold the Constitution and laws of Indiana, and the Constitution of the United States.
I ask you also to bear this thought in mind: The distinction between 'rights' and 'privileges', in my estimation, is best defined by the tenacity with which one may exercise them. Rights are sacred, bestowed upon us by our Creator, and may be defended by all necessary means. Privileges are granted us by government, at its sole discretion, and offer no substantive recourse when wronged. Ask yourself this: If a person is barred from the use of force to protect the sanctity of their home from unlawful government incursion, and must instead beg the court to grant monetary damages after the harm is done, is the Fourth Amendment a right, or a privilege?
This great matter will test your devotion to your principles. If you are the man I believe you to be, you will support the sacred rights of the individual, rather than the oppressive will of government.
Your loyal supporter,
Alex Kauffman
UPDATE: I recieved a response!
UPDATE: Indiana's General Assembly passed a bill to undo this decision on March 9th 2012, and Governor Daniels will sign it any day now.
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