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home : opinion : opinion September 02, 2010


2/12/2010 6:00:00 AM
Letter: Article lacked respect for Rule

After having read Ron Walker's article in Sunday's Miner, it appears that he is either uninformed as to the contents of the U.S. Constitution and its attendant Bill of Rights, or feels that it should be ignored.

Briefly, the Bill of Rights of the U.S. Constitution are written as prohibitions against the government as a result of certain incidences of behavior by the British during the pre-Revolutionary days. Therefore, according to the 1st Amendment, speech, especially political speech, cannot be denied to a citizen by the U.S. government, nor, according to the 14th Amendment, by the states or their municipalities. The myth of the 1st Amendment (or freedom of speech) is that anybody can say anything to anybody at any time. This is not so. Parents, non-governmental supervisors, foremen and the like can tell their unruly charges to be quiet. Freedom of speech is freedom from governmental interference only, although there are very narrowly drawn exceptions such as pornography or speech that could create harm.

As a result, whatever Arizona Statute 11-410 does say, it is subordinate to U.S. Statute, and that is subordinate to the U.S. Constitution and its Bill of Rights. And this is why the American Nazi's were allowed to parade through Skokie, Ill., a greater aggravation in anybody's book than a couple of opinionated citizens passing out leaflets.

So, Mr. Walker, if you were uninformed of the above, you could have spent a minute to call the county attorney to learn this basic stuff, or maybe, as county manager, you knew it anyway. Either way, instead of respecting the Rule of Law, it seems that you wrote your piece disingenuously.

John F. Hand
Kingman



Reader Comments

Posted: Wednesday, March 24, 2010
Article comment by: We Can Recall Sockwell

Folks, the recall is really charged up, we are raising money and getting signatures! This county has been under the corrupt thumbs of this BOS for too long, and they have gone too far. We can now remove Sockwell from office. Help us do this.
Please go to RecallSockwell.com to help! We meet every week, we need your help, be part of history to clean up this county! RecallSockwell.com for info!


Posted: Thursday, March 18, 2010
Article comment by: Please Step Up and Help with www.RecallSockwell.com

To help with RecallSockwell go to www.RecallSockwell.com or e-mail MohaveFreedom@Yahoo.com
The cause is growing stronger every day, but we still need people to circulate petitions and we need donations.
Now is the time for change and we can do it.


Posted: Sunday, February 14, 2010
Article comment by: Tom

"When an act of the legislature is repugnant or contrary to the constitution, it is, ipso facto, void." 2 Pet. R. 522; 12 Wheat. 270; 3 Dall. 286; 4 Dall. 18.

How many more do you need to get the point?

Posted: Sunday, February 14, 2010
Article comment by: Tom

"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them." - Miranda v. Arizona, 384 U.S. 436, 491.

Posted: Sunday, February 14, 2010
Article comment by: Tom

"State officers may be held personally liable for damages based upon actions taken in their official capacities." Hafer v. Melo, 502 U.S. 21 (1991).

Posted: Sunday, February 14, 2010
Article comment by: Arizona Patriot Also

@ No name provided:

All the name calling you always resort to!

You must be upset!

If you truly believe you are part of the 80%, why aren't you somewhere else, being happy? Seems rather psychotic for a supposedly happy human being to spend its time poking sticks at others. Me thinks you are not being honest about your emotional state of mind.

Posted: Friday, February 12, 2010
Article comment by: No name provided

Today we have 20% the self proclaimed proud conservative repulicans trying to dictate to the 80%, so Thomas Jeffersons statement on democracy and mob rule is truly ironic in one way, since this last election was 53% to 47% with the 20% looney tunes in the GOP base, dictating to the 47% moderates they voted with, now that looney bin fringe thinks they can rename themselves tea party patriots and no one will realize whom they are!

Posted: Friday, February 12, 2010
Article comment by: Are you 51 or 49

“A democracy is nothing more than mob rule, where fifty-one percent of the people may take away the rights of the other forty-nine.” -- Thomas Jefferson

February 16th 12:00 P.M.

Posted: Friday, February 12, 2010
Article comment by: anonymouse

anyone who has studied the Founding Documents and their authors' intent knows that the Bill of Rights was only intended to serve as a minimum statement from which to understand our full rights as citizens.



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