Sunday, August 15, 2010

Dear Sharron Angle, About Those Second Amendment Remedies.....

Dear Sharron Angle,

You famously said the following in January:

"You know, our Founding Fathers, they put that Second Amendment in there for a good reason and that was for the people to protect themselves against a tyrannical government. And in fact Thomas Jefferson said it's good for a country to have a revolution every 20 years.

I hope that's not where we're going, but, you know, if this Congress keeps going the way it is, people are really looking toward those Second Amendment remedies and saying my goodness what can we do to turn this country around? I'll tell you the first thing we need to do is take Harry Reid out."

Now I will agree with you, in basic substance, that the Second Amendment is the final check on a real tyranny. I'm not sure that spending too much, bailing out AIG and the automakers and reforming healthcare really qualifies as a tyranny, but I digress.

It is also true, and I am sure you'll agree, that the right to marry whom you want is a fundamental right. Even the Supreme Court has said so, like in Loving v. Virginia, 388 U.S. 1 (1968).

At present the case of Perry v. Schwarzennegger, wherein a Federal judge initially appointed by Ronald Reagan and confirmed under George H.W. Bush, Vaughn R. Walker, found that California's Proposition 8, outlawing gay marriage was unconstitutional, is likely heading to the Supreme Court of the United States of America.

Judge Walker found that Proposition 8, among other things, violated the due process clauses and equal protection clauses, and was based on stereotypes and prejudices which are out of date. It was an act of supreme courage in our balkanized times.

Sharron, it is obvious that once this case reaches the Supreme Court which way 8 of the judges will vote. We all know that the liberal block of Sotomayor, Breyer, Kagan, and Ginsburg will most likely vote to uphold Judge Vaughn's ruling, and that the activist conservatives of Alito, Scalia, Roberts the Umpire, and Thomas will do Constitutional gymnastics in order to find some lousy reason to reject it. Then there is the wild card of Justice Kennedy, and upon him ride the hopes and dreams of millions of Americans who only want to get married and be miserable like the rest of us - just kidding!

So let's say that Kennedy goes with his activist conservative pals, like he did on the abominable Citizens United v. FEC, wherein he wrote the opinion, and created out of whole cloth a corporate aristocracy from nothing. Let's say they overturn Judge Walker's decision, and reinstate that blessed example of a tyranny of the slimmest majorities, Proposition 8, and in so doing remove a fundamental right from approximately 10% of American citizens, and throw equal protection under the law under a bus, as well as a long line of cases, including Loving v. Virginia.

I think we can all agree that the gay population of the United States is probably not the most heavily armed demographic. I know very few gays who know what Mossy Oak [tm] is, much less own any. But I was wondering what you would think is the appropriate Second Amendment Remedy - your word, not mine - for a group of people that have most certainly lost a fundamental right by an actual tyranny of a majority, and to have that removal upheld by a bunch of unaccountable activist jurists sitting in their ivory tower, answerable to no one.

Anyway, get back to me when you can, but before Election day. I know a lot of people that would be interested in your answer, myself most of all.



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