Via Volokh commentary on the decision by the Indiana Supreme Court to eliminate the right to resist unlawful entry of a government agent. This quote is attributed to William Pitt, Earl of Chatham, after whom the city if Pittsburgh is named:
The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail; its roof may shake; the wind may blow through it; the storm may enter; the rain may enter; but the King of England cannot enter – all his force dares not cross the threshold of the ruined tenement!
Indiana is not alone in eliminating common law provisions in regards to resisting unlawful intrusions by the state on property or person. A number of states had already eliminated this right by statute, including, in part, Pennsylvania (no right to resist an unlawful arrest). We’ve strayed from William Pitts’ ideal, and I don’t think we’re better off for it.
Amen to that.
Supposedly a Mitch Daniels pick was one of the judges who made a statist vote in this case. I hope the people of Indiana, and PA, can turn such decisions around. You’d think the assault in the Philly OC incident (that went viral on YoutTube) would help motivate us in this direction. Has any PA legislator drafted a bill on this matter recently?