Wednesday, September 11, 2013

Dave Kopel's Take On The Recall Election Results

Second Amendment attorney Dave Kopel has a very interesting analysis on the results of the Colorado recall elections at the Volokh Conspiracy. He, like I, thought Giron might survive and Morse ousted given the nature of their districts.

So why did Angela Giron lose in her heavily Democratic, blue collar, union stronghold of a district? According to Dave, it is because she crossed the double-red line of Colorado politics. It wasn't just that she voted against gun rights but that she, as chairperson of the Senate State Affairs Committee, shut out the testimony of many of those who wanted to testify. Colorado has a tradition of letting everyone who wants to speak on a bill the chance to testify, if only for a few moments.

Dave concludes:
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.
Read the whole analysis here. It is well worth reading and worth sending to your representatives as a warning of what happens when they won't even take the time to listen.

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