This is the new America? This is what’s come of Thomas
Jefferson’s vision? After a 237-year experiment with democracy and freedom, some
of those who’ve been given the mantle of leadership in the United States of
America are apparently willing to sacrifice it all on the altar of their
demagoguery-fueled perception of gun rights.
In Wyoming, legislators have introduced the blatantly
unconstitutional “Firearm Protection Act.” They seek to create a felony
punishable by five years in prison for any “official, agent or employee of the United States government” who
enforces “or attempts to enforce any act, order, law, statute, rule or
regulation of the United States government” regulating gun safety.
The Ft. Collins Republican
county sheriff says he’ll
violate his oath by refusing to enforce federal laws he considers
unconstitutional. He’s mimicking other sheriffs around the country who have
decided they have authority to decide which laws are not constitutional.
The sheriff of Jackson County, Kentucky, Denny Peyman, falsely claimed the federal
government plans to ask him to confiscate guns, “and I said ‘you are never
going to pull a gun from Jackson County,” adding, “I am responsible for the
people inside this county… if Obama passes this, it doesn’t matter what he
passes, the sheriff has more power than the federal people.”
He wasn’t the
first Southern politician to pretend he has “more power than the federal
people.” Sheriff Denny and the boys didn’t learn much from what they call the
“War of Northern Aggression.” They got another lesson when the U.S. Supreme
Court ruled their schools had to be integrated. But politicians are
politicians. Although they knew they couldn’t get away with it, they couldn’t
resist playing to their less-informed constituents.
Like those
sheriffs and Wyoming legislators who sponsor the “Firearm Protection Act,”
Southern governors knew more votes could be won than lost by playing the fool. In1957, when nine children arrived at a
Little Rock high school where the Supreme Court said they could begin classes, segregationist
governor Orville Faubus, turned them away, defying an order of the Federal District
Court.
President
Dwight Eisenhower refused to allow Faubus to disrespect the Constitution. Eisenhower
was as determined to uphold his responsibility as this governor was to ignore
his. Eisenhower reaffirmed that ours is a country of law, and patriotic citizens,
regardless of their prejudices, traditions, and customs, are expected to obey
the law. "The foundation of the American way of life," Eisenhower
reminded them, "is respect for law."
Another Southern
governor required a remedial course. Alabama’s George Wallace stood in another school-house door and
attempted to defy federal law. “I
stand here today, as Governor of this sovereign State, and refuse to willingly
submit to illegal usurpation of power by the Central Government.” In spite of
his rhetoric, federal agents moved Wallace aside and the federal law was
enforced.
Pseudo-conservatives
like Faubus, Wallace and those Wyoming legislators aren’t so ill-informed as
they are ill-motivated. They know the law. They just don’t respect it. They’d
rather play to the crowd than lead. During the segregation battles, politicians
irresponsibly incited not only disrespect for democratic institutions but
violence as well.
These
demagogues regurgitate words of the “founding fathers,” demanding the Constitution
be interpreted as the “fathers” intended. They can’t help themselves when an
opportunity comes to trash both the “fathers” and their handiwork.
James Madison wrote
the Federalist Papers Number 47 discussing federalism and the separation of
powers. These legislators should read it instead of the junk they receive from
the NRA. “The accumulation of
all powers, legislative, executive, and judiciary, in the same hands, whether
of one, a few, or many, and whether hereditary, self-appointed, or elective,
may justly be pronounced the very definition of tyranny.”
State
legislators don’t trump federal law. They can’t prevent federal officials from
enforcing it. Sheriffs don’t get to decide whether laws they don’t like are constitutional.
In a dictatorship, only one opinion matters, but maintaining a free society
requires the self-discipline to understand your opinion is just one of many.
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