cc for Dave Ellen
Senators,
I few days ago I came across an article published in the Washington Post entitled, Ashcroft's Letter to NRA Prompts Ethics Complaint From 2 Groups, washingtonpost.com I found this story more than alarming, I felt compelled to save the link and put it aside for a few days as a self-imposed calming period.
My apologies in advance for stating some principles that you as a member of the Senate are well aware of, but I think it is necessary to explain the point and the specific area of concern.
As the article states, the courts have ruled for quite some time now that the 2nd amendment is a collective right of the people and not an individual right. The Supreme Court’s decision of US vs Miller is but one example. It must be noted that the US Supreme Court has sole Constitutional authority to interpret the Constitution. While each person or body may be entitled to have opinions on the matter, neither the Legislative, the Executive, or the Attorney General has any Constitutional authority to interpret the Constitution.
This is not a trivial observation. The US Supreme Court has no enforcement ability, e.g., no standing army, no police force, etc. The authority of the Court relies solely on the cooperation of the Legislative and the enforcement powers of the Executive to fulfill the Court’s role as guardian of Constitutional principles. In that respect, the Attorney General has a unique role in assisting the Court. It is the Attorney General that represents the US Government in any Constitutional challenges that may put before the Court. It is not a role of the Attorney General to challenge decisions of the US Supreme Court. It is, however, the Attorney General’s sworn duty to uphold the Constitution and the interpretations of the Court. Nothing less than that.
I have tried to imagine some neutral reason for the Attorney General to send the subject letter to the NRA [a likely plaintiff on Constitutional challenges of the 2nd amendment]. If there are any, they have eluded me. It appears that the only reason that the Attorney General would state to the NRA, that the 2nd amendment right is unequivocally an individual right is to telegraph to the NRA that the office of the Attorney General will either not defend the Court’s opinion or not defend it with any vigor.
If we consider the options available to the Attorney General, it is a simple matter for the Attorney General to say, “the Justice Department does not have a strong case” when defending a challenge by the NRA of the 2nd amendment. As this Attorney General did in the recent case with the Tobacco industry. In my opinion, his letter to the NRA goes well beyond a simple violation of ethics. I find this to be nothing less than a direct assault on the authority of the US Supreme Court to interpret the Constitution. There is no hyperbole in that sentence.
Unless there is something that has eluded me in this discussion, I believe quite firmly that the US Senate should call for the immediate resignation of the Attorney General, John Ashcroft.
Respectfully, |
