The act of resistance was transmuted into a criminal offense chiefly through judicial activism, rather than legislation. Courts that seek to criminalize resistance have generally made the pragmatic argument that resistance is more dangerous than submission. We’ve long since reached the point where the reverse is often the case.
Until 1942, when the Interstate Commission on Crime published the Uniform Arrest Act, every state recognized and protected the right to resist. Under the still-controlling U.S. Supreme Court precedent, John Bad Elk vs. US, a citizen faced with the prospect of unlawful arrest – that is, an armed abduction – has a legally protected right to use any appropriate means, including lethal force, to defend himself.
The Bad Elk ruling came in 1900. Thirteen years later, the New Mexico State Supreme Court, in Territory v. Lynch, tried out a line of sophistry that would become part of the standard refrain in judicial rulings six decades later:
"The law … calls upon the citizen to exercise patience, if illegally arrested, because he knows he will be brought before a magistrate, and will, if improperly arrested, suffer only a temporary deprivation of his liberty."