Wednesday, September 11, 2013

It's not just the Second Amendment. It's also about the Fifth and Fourteenth!

David Kopel explains yesterday's recall elections in Colorado:

It would be accurate to say that the recall campaign was driven by opposition to the anti-gun bills which Morse and Giron pushed through the legislature. But this is only the first part of the story. As it turns out, Morse and Giron sealed their fates on March 4, the day that the anti-gun bills were heard in Senate committees. At Morse’s instruction, only 90 minutes of testimony per side were allowed on each of the gun bills. As a result, hundreds of Colorado citizens were prevented from testifying even briefly. Many of them had driven hours to come to the Capitol, traveling from all over the state.

It’s one thing to lose; it’s another to thing to lose when you didn’t even have the opportunity to present your reasoning. While the gun control bills were before the Senate in March, President Morse urged his caucus to stop reading emails, to stop reading letters from constituents, to stop listening to voicemails, to vote for the gun bills and ignore the constituents. Giron, presciently following this strategy, had allowed citizens to raise Second Amendment concerns at a single town hall meeting, and thereafter refused to discuss the issue at public fora.

The Second Amendment right to keep and bear arms was the secondmost important reason why Morse and Giron were removed from office. The first reason was the Fifth and Fourteenth Amendment principle of Due Process of Law. The opportunity to be heard is the fundamental to Due Process of Law, and not solely in adjudications. When Morse and Giron squelched the testimony of law-abiding citizens and of law-enforcing Sheriffs, they grossly abused their constitutional office of being law-makers. And so, for abuse of office, John Morse and Angela Giron have been recalled from office by the People of Colorado, to be replaced by legislators who will listen before the vote.

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