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Posted on
10/28/2010 09:22 AM EST
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Two hands and a flashlight
Any man who would flagrantly violate your constitutional rights is not a man looking to serve you; he is looking to serve only himself and his own agenda. |
Joseph A. Salazar
This election season, I have been severely troubled by comments coming from Yale educated attorney Ken Buck. As a publicly elected official, he presumably took the oath of office affirming to uphold the United States and Colorado Constitutions. But, what does the Constitution mean to a man who has consistently violated or advocated the violation of the Constitution? It means Ken Buck is not fit to hold public office, including that of U.S. Senator.
Although there are numerous examples of his innate ability to violate your constitutional rights, here are four examples.
First, I was present during testimony and testified on behalf of HB 1201 – Informed Consent bill. In short, if you are stopped by a police officer and the police officer has no other legal justification to search you, the bill requires the police officer to advise you of your right to refuse a search. It is a simple Fourth Amendment issue. Ken Buck was present at the hearings and objected to the bill. While Ken Buck objected to strengthening your Fourth Amendment right, the Colorado House and Senate disagreed with him and voted the bill into law. In fact,
Ken Buck’s position was so extreme that Senate Republicans unanimously voted for the bill.
As another example, last year District Attorney Ken Buck was given the royal smack down when the Colorado Supreme Court ruled he violated the Fourth Amendment privacy rights of approximately 5,000 people when he illegally seized their tax returns without probable cause. He remains unapologetic and silent on the subject.
Third, Ken Buck publicly came out in favor of Arizona’s SB 1070 – anti-immigration bill. Since giving his public support, several portions of Arizona’s law were found to be unconstitutional. He has not withdrawn his support for this unconstitutional law.
Fourth, Ken Buck advocates changing the Fourteenth Amendment so that children born of illegal immigrant parents do not receive automatic citizenship. In 1898, the United States
Supreme Court addressed the same issue when a district attorney brought charges against a Chinese-American who attempted to enter the United States, despite the fact this Chinese-American was born in San Francisco. In striking down the district attorney’s acts, the Supreme Court described the purpose behind the Fourteenth Amendment and the long history behind granting citizenship to those born in a sovereign county, including the United States. Ken Buck does not like this long standing constitutional right and wants to strike it from our country’s
history and constitution.
Ken Buck could not care less about your constitutional rights. If you think his acts do not or will not affect you, take a look at those 5,000 people whose tax returns were illegally seized
by him.
In sum, Yale-educated attorney Ken Buck could not find the Constitution with two hands and a flashlight. His quest to be a U.S. Senator should put chills down your back. Any man who would flagrantly violate your constitutional rights is not a man looking to serve you; he is looking to serve only himself and his own agenda.
Joseph A. Salazar is an attorney practicing civil rights and constitutional law in Denver.
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