Date: Fri, 30 Mar 2001 19:00:54 -0700 From: r.destephens@WORLDNET.ATT.NET (Richard DeStephens) Subject: We judge for ourselves To: AZRKBA@asu.edu
Editor,
Letter writer Roger Schrader seems to think that the reading of Arizona Revised statutes is a mysterious art, intended only for the chosen few in black robes. He thinks that only the Supreme Court (and a City Attorney) have the wisdom to say whether a law applies Tucson's decision to require background checks (intended only for licensed gun dealers) to apply to private sellers as well. Let's look at this "baffling" bit of Arizona law:
13-3108. Firearms regulated by state; state preemption; violation; classification
A. ...a political subdivision of this state shall not enact any ordinance, rule or tax relating to the transportation, possession, carrying, sale or use of firearms or ammunition or any firearm or ammunition components in this state.
That's not too difficult to understand, is it?
Mr. Schrader also contends that, "In the best democratic tradition, the courts will decide, rather than a narrow interest group with its own agenda." In actuality, there is little if any "democracy" in our courts. Even Thomas Jefferson warned against the odd notion that the courts were the final say on the Constitution, saying, "You seem to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as ther men, and not more so and their power is the more dangerous, as they are in office for life and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confied, with corruptions of time and party, its members would become despots." -- Thomas Jefferson, September 28, 1820
The City of Tucson is engaging in yet another unconstitutional act. I don't need an appointed bureaucrat to confirm it.
Rick DeStephens Glendale, Arizona