Printed letters, July 19, 2013

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Kevin McCarney’s letter (“Bill of Rights is unassailable by any branch of government”) mischaracterizes my July 16 letter regarding legal aspects of the County Sheriffs’ “gun rights” lawsuit (which I support).

As Sentinel readers may recall, McCarney is the local Tea Party “leader” who dubiously claimed that his “political” group – disingenuously masquerading as a tax-exempt “social welfare” organization—was illegally “targeted” by the IRS.

Now, McCarney falsely asserts that “liberal elites” and I believe that “the decisions made by the Supreme Court regarding the Bill of Rights are infallible”.  While I do not speak for all “liberals”, I personally “believe” that the Constitution and the Bill of Rights were written by men and are therefore inherently fallible, that our Founders adopted “checks and balances” in recognition of those fallibilities, and that the “people” constitutionally conveyed to Article III courts the power to authoritatively declare “what the law is”.

According to McCarney, the Constitution and the Bill of Rights are so self-explanatory that neither requires any judicial interpretation and mean only what “conservatives” say they mean – replacing a “government of laws” with a government of men who claim that their own self-serving rendition of constitutional language is “unassailable”.  Meanwhile, our Supreme Court has provided ample evidence that its rulings are not “infallible”.

Thus, in defiance of common sense, “conservatives” like McCarney impliedly believe that – had the Founders sagely anticipated the proliferation and potency of contemporary “arms” – they would have written the Second Amendment no differently.  “Liberals” – and the Supreme Court – trust that our Founders were smarter than that.

Consequently, fear-mongering “conservatives” habitually use the word “tyranny” as a meaningless epithet to describe any governmental action they don’t like, while “liberals” accept as valid the Founders’ express Constitutional reasons – as stated in its Preamble – for establishing and empowering our representative government.



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