The Creepy and Creeping Definition of a Bench Warrant

Recently, my daughter, a college student, was arrested for failure to appear in court to answer for a speeding ticket she got over a year ago.  Her sister posted bail or she would have spent time in jail.

Today, a Bench Warrant is a common order that a judge (or group of judges) issues to the police with the purpose of effecting a person's arrest.  The person to be arrested is then subject to forcible seizure and/or detention by the police.  Generally, a Bench Warrant is issued for contempt of the court by a judge on the testimony of a police officer.

Time has changed this definition—and for the worst.  In American history, a Bench Warrant might be issued for contempt--after one was indicted by a grand jury for a serious crime.  But a Bench Warrant would not be issued for contempt as affirmed only by a policeman or judge or individual for a mere infraction.  A Law Dictionary (A Law Dictionary, Adapted to the Constitution and Laws of the United States) published in 1856 by John Bouvier, defines Bench Warrant as follows:  “  A true bill is the result of an indictment by a grand jury convened to consider evidence and acting as a majority. 

If A Law Dictionary, was “Adapted to the Constitution and Laws of the United States”, it is reasonable to inquire as to what today’s definition of a Bench Warrant is adapted?  Is today’s definition, for example, adapted to the Constitution of the United States?  Or, instead, may it be adapted to a particular judge’s or police officer’s caprices?  In other words, does today’s definition of a Bench Warrant sustain a rule of law?

The Constitution struck a balance between security and liberty.  The Fourth Amendment to the Constitution of the United States asserts that “No Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”  In other words, a warrant is required, supported by witness, and must describe the place to be searched and person or things to be seized.  It is interesting to note that the police officer who arrested my daughter did not present a warrant describing the place to be searched and persons or things to be seized.

Recognizing the threat that government posed to individual liberty, the Fifth Amendment augmented the protection of accused individuals.  Under the Fifth Amendment, a person cannot be arrested and tried for a serious crime unless a grand jury indicts the accused; and “No person shall…be deprived of life, liberty, or property, without due process of law.”  It is self-evident that “due process of law” is something other than forcible seizure and/or detention on the order and/or testimony of one individual (ie. a policeman and/or a judge).

The creepy and creeping modern definition of a Bench Warrant reveals that the Constitutional balance between security and liberty has been revisited and revised by case law, by administrative law, and by legislators—to the detriment of the rule of law.  Government has erred in favor of security and against individual liberty.

I hope America re-enthrones the rule of law as defined by the Constitution of the United States before someone decides on a whim to arrest me for contempt in writing.

Anathematization of Truth and Goodness (God)

Totalitarianism: pervasive control by the state of all things including the thoughts and acts of individuals.  Benito Mussolini defined it this way: "everything within the state, nothing outside the state, nothing against the state."

But surely its menace existed only elsewhen? And elsewhere?

Totalitarianism has been thoroughly tested as an alternative to the rule of law.  It was ruinous to the peoples and countries who tested it (ie. Cambodia, the Soviet Russia, and Nazi Germany).

For this reason, it is troubling that recently, its methods appear in America: in NSA espionage, in political profiling by the IRS, in coordinated militarization of law enforcement, in nationalization of the health care market, in media bias, in efforts to disarm the populace, in intolerance for political opinions, and etc.

Totalitarianism seeps into and subverts all of civil society.  It makes itself the capricious code of everything.  It becomes the internet of ideas:  history.gov, education.gov, healthcare.gov, news.gov, transportation.gov, science.gov, art.gov, money.gov, politics.gov, love.gov, religion.gov, and etc.  What share of our billboards now bear this or a related suffix:  .gov (ie. .state)?  It becomes the monopolist of markets.  It sets itself up as the dispensary of jobs and opportunities, property, education, recognition, and etc.  It bends laws, truth, and information to its cause.

It defines goodness and truth and salvation:  it cannot tolerate diverse definitions of goodness and truth or evil and falsehood dictated by individual conscience.  So it rewrites history.  And burns books.  And subdues conscience.  And reforms god and goodness in its own image.  And casts down all other gods before it.  And relates sin to rebellion against itself and evil to every form of opposition to its oppressive unity.  And offers salvation on its own terms--however benightedly.

Under its heavy hand, every decision, expression, and act--public or private--has political ramifications up to and including execution.

In a totalitarian state, those who preserve or enhance their privileges and property are those who promote the state and pay servile obeisance to it.  For example, in Nazi Germany, to preserve their privileges, most of the priests genuflected to the Nazis--even on theological issues.  After many compromises, the Reich church became little more than an extension of the Nazi party--offering what it represented to be God's salvation on Nazi terms.

While those who pay obeisance to the state advance, those who influence the public's opinion against the deceits and deceivers of totalitarianism are stripped of influence and anathematized.*  For example, theologian Dietrich Bonhoeffer was imprisoned and eventually executed for his refusal to genuflect to the Nazis regarding theology.

If your belief in divine omniscience keeps you from obeisance to human omniscience, in a totalitarian state, you may be a subject for anathematization.*  But would you have a fallible, totalitarian state be your god?

*Anathematization suggests total condemnation of a person by all society.  The Nazis anathematized the Jews.  The effect of anathematization was religious, economic, political, social, and etc.  In history, the Soviet and Nazi secret police effected anathematization by confiscations (forced impoverishment and dependency), prohibitions on expression and assembly, social alienation, professional condemnations (ie. psychiatric), criminalization, and etc.  The fear and cowardice of the populace enabled the totalitarians to anathematize their victims.