
Bill of Rights Day -
December 15, 2001
By Linda Sander,
paralegal - http://harmlesserror1.tripod.com
| The rally in support
of the 2nd Amendment in particular, and the Bill of
Rights in general, was scheduled to begin at noon. The
host, Rick Stanley, is a Libertarian candidate running
for U.S. Senate in the upcoming November 2002 elections.
Attendees had begun to gather in Lincoln Park across from
the state capitol building. The Park had several memorials to veterans who had given their lives for "freedom" and principles of the U.S. Constitution. It was an odd place to be arrested for supporting the constitution, but, yes, an arrest had also been scheduled - by the local police. Rick Stanley was speaking to the crowd about the contradictions between the U.S. constitution and Denver municipal law which prohibited civilians from carrying a gun. In order to challenge the unconstitutional municipal law, Rick Stanley intended to wear a holstered gun and bear the consequences. The point of the challenge was to get the law examined by the courts - all of whom have taken oaths to support the constitution.
Thus began the rumor that our "protest" was to be broken up before it started. I had personally chastised the host, Rick Stanley, for not bothering to get a permit to hold a rally in support of the constitution. Rick Stanley told me, adamantly, that you shouldn't need to get permission from government to "redress grievance" and "peacefully assemble". "Rick," I retorted, "this is the year 2001. Get real. The constitution is dead. This country is operating under police powers. You need permission to blow your nose let alone hold a rally in support of the CONSTITUTION. Anyone who utters the word "constitution" is labeled an "anti-government terrorist." I was speaking from experience. Five years earlier, I had reported a crime to the local Jefferson County deputy District Attorney, regarding a federal agent, and in response, they sneered, "Are you one of those "constitutionalists????" Shocked, I had answered - "Yes, aren't you?" Since then, I have collected so many cases of constitutional, and statutory, violations committed against citizens which were either perpetrated by the executive branch, or the judicial branch that I am a skeptic when it comes to the integrity of Colorado's current government. Rick's position on constitutional rights is adamant: He believes that any law repugnant to the constitution is no law at all, and therefore, cannot be imposed, and therefore cannot be "violated". He conducted his rally with faith in this principle and faith in the fact that government agents take an oath to support the constitution - not violate it. Technically, Rick is right. The Colorado constitution requires that all judges, and officers with independent power, take an oath to uphold the constitution, [Art. 12 Sec. 8] and to file that oath with secretary of state or county clerk, [Art. 12. Sec 9]. In fact, Colorado statute requires that when the oath is administered it should include the words, "by the ever living God" [C.R.S. 24-12-101]. And, in Denver, a municipality, the same holds true. C.R.S. 31-4-401 requires that every police officer in Denver take an oath to support the constitution, and even more, if such officer fails or refuses to take such oath, his office can be declared vacant. All these provisions assure the public that the officials in power are guaranteeing, by their sacred word before God, that a citizen's rights as guaranteed under the constitution, are going to be upheld by them. It's not negotiable. Rick began his speech at noon to the 100 or so people gathered to peacefully assemble to petition the government for grievances. He began his speech by demonstrating how law binding citizens are deprived of their right to protect themselves. He began shooting the audience with a star wars toy that ejected colorful, plastic disks. "This," began Rick Stanley, "is a lawful way to protect yourself in Denver. You can try scare 'em into running away." Rick cited the unlawful municipal codes that violated the 2nd Amendment. He demonstrated his understanding of the law and the constitution. At the end of his speech, he holstered a gun. At that moment, under the watchful eye of mounted police, officers from six police cars which had assembled on the edge of the park, converged on the platform. Rick walked towards them and smiled. After being informed that he had violated a municipal ordinance, Rick was handcuffed and led to a police car. Indignant citizens were calling out to the arresting officers and asking them how they could arrest someone who was simply exercising his right "to keep and bear arms". The officers kept their faces forward and said nothing to the public. Chuck Meyers, an independent reporter, went up to the officers and asked them point blank,
The Rally continued with speakers who all promised, if elected, to uphold the constitution and to assist in removing unconstitutional laws from the books. These included Jim Vance, a Libertarian, running for Colorado Governor, Bob Glass, also a Libertarian, running for Governor, and Rich Wyatt, running for Jefferson County Sheriff's Department. Interestingly, Rich Wyatt, who owns the gunshop, "Gunsmoke" in Wheat Ridge, pointed out that many officers in government aren't anti-constitution, but do not have the power to uphold the constitution. He pointed out that if he were elected, he would encourage these agents of government not to fear their affinity for individual rights. "The 63 Sheriffs in the State of Colorado should take back the authority that they have by law and the constitution," said Rich Wyatt "Fifty percent of the Sheriffs' offices are going to be up for election in 2002. Let's elect sheriffs who will exercise the authority they have over the local, inferior, police departments." Pam Stanley, the wife of U.S. Senate Candidate Rick Stanley expressed her pride in her husband's courage to take a stand for the issue of constitutionally protected rights.
With that, I went over to Paul Grant, Esq. and asked him if he thought that what Rick did was going to prove to be a futile stunt, as some had called it, in an effort to overturn unconstitutional law.
That may be just too logical for a judge to grasp. But if a judge doesn't understand the logic of that argument, or the constitutional foundation - the judge would not be qualified to be seated on a bench. By the way. The mounted police did not break up the rally at noon for lack of a permit - as the rumor had it. Maybe Rick's right - there's hope after all. Vote Libertarian - the only Party that votes for YOUR rights and the constitution. Rick Stanley has the intelligence, resolve, integrity, experience and lastly - the good looks - to restore this country to the condition it was in when moms could be full time homemakers. Remember:
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Denver vs. The U.S. Constitution
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