One of the questions has always been, what justified the stormtrooper attack upon the Branch Davidians' home? And as a result of the hearings we have the answer, nothing legal. Prudence may have suggested to people like the BATF with such warped imaginations that violent entry was needed, but they failed to get that kind of warrant.
While the hearings wasted much time upon who had the warrant it finally came out that they had the wrong kind of warrant. They had the type that is governed by the "knock and serve" provisions of the law. They did not have a no-knock warrant which would have permitted the kind of attack they attempted. And we further find out that regardless of any justification, they never planned any constitutional form of warrant service.
It happens that our Federal and the Texas State Constitutions both require all warrants to be issued by an impartial reviewing authority (we use judges) and only after someone swears to its need under oath and then the correct type of warrant must be issued. It turns out the BATF did not ask for nor were they granted as no-knock warrant. Because of that they had no power to attack the Davidians' home.
Some may see this as a minor technicality; most see it as the Constitution. No power means exactly that, no power. It does not mean they had a little bit of power, or power in these circumstances. It means no power whatsoever.
And that is the crucial distinction. Having the wrong kind of warrant is exactly the same as having no warrant at all. Without a warrant, without the right kind of warrant, they have no power at all. With all the identification, announcement, whatever, they were in no way different from street thugs and the same as targets.
That is the reason we have a Constitution; to prevent the government from doing exactly what it did in Waco. If that is not its purpose then we might as well not have a Constitution. It it only applies when the government feels it necessary then it is not a restraint upon government at all.
If people are not held blameless for defending their rights when the government not only violates those rights but violates a specific prohibition against such violation then the constitution is dead and worthless. After Waco many would say that it is; that it is a technicality honored only in the breech when it suits the purposes of the government.
Rather the constitution was created by the people for the purposes of the people. As in court it is in the land, it is better that the guilty go free than the innocent be harmed. It is better that judgment err upon the side of the citizen than upon the side of the government. It is better to err on the side of the rights of man than on the powers of the government.
In the case of the Davidians versus the government, the government was clearly acting outside the bounds the people put upon it. And the error is in favor of the Davidians for defending themselves against a blatantly and openly an attack in violation of the 4th amendment to the US Constitution. If the Constitution is not to protect people from the excesses of government, then what is it for?
It is hard to conceive that the Constitution is for the purpose of simply providing "guidelines" for the government and then holding that government safe from harm when it admits to violating its own implementation of those guidelines. But in this case was have clear law following from our Constitution which makes the government's action in Waco in clear violation of our Constitution. And yet, when the Davidians acted toward the government in a manner consistent with our Constitution, they were charged and found guilty.
Guilty of what? Of not treating the government as though it had the power to do anything it desires with impunity? That is a dictatorship. Our government exists with certain very specific an limited powers and none other. It is required to live within the laws. It has no powers outside of the powers granted and the laws as they exist.
The government had no power to act without a proper warrant. Without acting within its limits acted as a tyranny. And death is always the due of tyrants be they grunt minions or the leaders.
The Wafen SS had families too.
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