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November 19, 2013 05:27 PM UTC

Recall is Radical, Angry, Pointless

  • 3 Comments
  • by: IndependentProgressive

(Promoted by Colorado Pols)

by Dave Chandler

Anger and vengeance.

“She has infringed upon our constitutional right to keep and bear arms” says the angry diatribe of the petition statement for recalling Evie Hudak, state senator from the 19th district.

But here’s the deal, background checks for purchase of firearms are constitutional (DC v. Heller) and limitations on magazine capacity are arguably constitutional under the same Supreme Court ruling. It is, therefore, an assertion — and nothing more — that a vote in the state senate “has infringed” on anyone’s right to “keep and bear arms.”

What the recall attempt by gun radicals is really about is anger and political retribution, and to accomplish those ends the recallers are willing to throw into the trash the very principles of the U.S. Constitution they claim to venerate.

You see, the United States of America is a republic — that means we elect individuals to represent us in making laws; we elect those people at regularly scheduled times and places so that voters can thoughtfully and deliberately consider and make decisions based upon an array of criteria including positions on many issues, on personality, on general philosophy, etc. To subvert that process by demanding what is essentially a plebiscite on an official over a specific issue is anti-republican and starts us on a path that descends to mob rule and tyranny of the minority. Recall in Colorado may be legal, but used for this purpose, it is an extreme tactic.

For the gun radicals it seems that the Constitution begins and ends with their narrow, dogmatic interpretation of the Second Amendment; all that other stuff like checks-and-balances, elections, separation of powers, well, that’s all fine — except when it doesn’t comport with the immediate political results they desire.

And don’t be fooled, despite the plaintive wail about their Constitutional ‘rights’, the recall is crass, craven politics.

Inasmuch as the difficult truth for the gun radicals is that Evie Hudak was duly and fairly re-elected to the Colorado senate just one year ago; she and her views were well known; her votes on gun related legislation came as no surprise to any informed voter in SD 19. No misrepresentation, no malfeasance, no misdirection is alleged of this state senator. The recall is, therefore, a ploy by losers in the last election to leverage the signatures of a minority of voters (25%) for the purpose of upending the 2012 general election.

There isn’t anything upstanding or patriotic in playing this kind of political game and it is cynical towards the underlying design and meaning of our constitutional republic.

Because consider this: even if this recall were successful it would accomplish nothing substantive on the burning issue over which it is being staged; it’s only result would be an expression of anger and retribution focused on one particular individual. Let’s be clear, the recall will not mean any change whatsoever to the new gun safety laws. That is because Democrats will still control the state house and the governor’s office, so there's no chance of the laws being repealed — none, none, none.

By contrast, if (and that is a big ‘if’), the gun radicals were genuinely interested in repealing the new laws, they would terminate the recall petition and proceed with the regular avenues provided by our republic for redress of grievances — they would let the courts decide on constitutionality; and/or they would get serious about petitioning to place the laws in question before the voters in 2014 through Colorado’s referendum process; and/or they would be organizing to run their own candidates for office in two years.

Instead, in the state senate district where I live, the gun radicals are provocateurs of anger, protest, conflict and discord. There are appropriate and well established procedures for fighting out political differences in Colorado and in our “more perfect Union.” Good citizens, even those who disagree with the new gun laws, should not give-in to emotion and base appeals to party or ideological loyalty —- they should not sign the recall petition. If individuals have already signed and now have doubts or second thoughts, they should ask that their signature be removed from the petition.

Valuing our small ‘r’ republican principles is more important than political anger and vengeance — reject the radical recall.

Comments

3 thoughts on “Recall is Radical, Angry, Pointless

  1. I’m reminded of a Facebook meme that circulated when the Affordable Care Act was being challenged. I believe it was a spoof on Game of Thrones which said “Brace Yourself, Everyone’s about to become a Constitutional Scholar.”

     

    On a more serious note,  the recall process serves a purpose. However, the recall process has been abused by the losing side—whether it’s the Democrats in Wisconsin or the Republicans here in Colorado—to essentially try to overturn the results of an election. Until the recall process is reformed to only permit a recall in a narrow, fairly specific, set of circumstances we’ll continue to see the losing side use a recall to force a individual out of office because they disagree with his or her politics, not because the officeholder has done anything illegal.  

    1. I'm not wild on the courts deciding if a recall is valid. That should be up to the people. But I do thing it should require 60% of the vote to recall someone. So it only happens if there is very strong agreement among the voters.

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