Posted on 05/08/2008 9:55:36 PM PDT by lqcincinnatus
Star-Telegram Texas Land Commissioner Jerry Patterson takes his job seriously. Fine. But he sometimes takes too seriously duties that don't fall within his job description, like being interpreter of the U.S. Constitution and official czar for Second Amendment rights.
Patterson, whose title automatically makes him chairman of the School Land Board, is in charge of overseeing some state-owned property. His office has the power to invest in real estate to benefit the Permanent School Fund, which supports public education.
For months now, the commissioner has been at the center of a public fight involving a 14.5-square-mile tract in West Texas known as the Christmas Mountains, which was donated to the state in 1991. The gift came with the proviso that the land remain in state hands or be transferred to the National Park Service. An agreement at the time said the donor, a private foundation, had approval rights if the state wanted to dispose of the land in any other way.
Several months ago, the Texas General Land Office announced that it would take bids on the property, resulting in the donor crying foul and a public outcry against such a proposal. Many rightly argued that the land should go to the National Park Service, not some private individual or group.
Patterson went on the defensive, vowing never to transfer the property to the Park Service as long as that agency had restrictions on guns in parks. Although a majority of the three-member land board opposed their chairman and put the sale of the property on hold, the commissioner still insists that he has a duty to stand up and fight in the name of the Second Amendment.
He told a Texas House committee this week that the gun restrictions were unconstitutional and that he would not accept a U.S. Supreme Court ruling should it uphold a Washington, D.C., ban against handguns in a case that is before the high court.
Patterson's position on this matter is untenable, and his obstinate invocation of the gun issue in the discussion borders on obsession.
It is way past time to move on. Let's get on with transferring the Christmas Mountains to the National Park Service and save the gun battle for another day.
PATTERSON: PUBLIC OFFICIALS NEED TO UPHOLD THE CONSTITUTION, ALL OF IT In a response to an FWST editorial from this morning, Land Commissioner Jerry Patterson explains why he continues to insist on the right to carry guns in the Christmas Mountains.
"I, Jerry Patterson, do solemnly swear or affirm, that I will faithfully execute the duties of the office of Commissioner of the General Land Office of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God."
I understand that solemn oath as a commitment similar to the oath I took decades ago as an officer in the United States Marine Corps to "uphold and defend the Constitution against all enemies, foreign and domestic". I do not regard such affirmations as mere anachronistic formalities. I feel compelled to uphold these commitments even at the risk of my political future in the case of the oath of office as Commissioner, or of my life in the case of my past career as a Marine.
You'll note that the above recitation DOES NOT STATE I "will preserve, protect, and defend the constitution and laws of the United States and of this state" ONLY WHEN APPLICABLE TO THE DUTIES OF LAND COMMISSIONER.
The 2nd Amendment provides that, "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed."
Art 1 Sec 23 of the Bill of Rights of the Texas constitution also provides, "Every citizen shall have the right to keep and bear arms in the defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime."
Transferring 9,300 acres to an agency of the federal government that clearly ignores these constitutionally enumerated rights would simply violate my oath of office. I can only assume that the FWST believes elected officials should not be expected to comply with their oaths of office.
The FWST may consider my position "untenable" and my zeal for the Bill of Rights "obstinate" and an "obsession", but I couldn't care less. In my opinion, any elected or appointed official, at any level of government, lacking the same zeal and commitment to the U.S. and Texas constitutions should be subject to impeachment.
I guess you can just call me an old fashioned believer in the wisdom of those who penned the Bill of Rights and not much of a believer in the wisdom of editorial boards.
In the case of the FWST, its not even close.
Copyright May 8, 2008 by Harvey Kronberg, www.quorumreport.com, All rights are reserved
Sounds like he’s on solid ground to me. Hopefully he’ll tell the *Telegram* to go pound sand.
Not what I thought it might be. Kudos to Mr. Patterson!!!! HONOR THAT OATH!
I'm opposed to donatating one square inch of Texas to the National Park Service. I'd rather that State of Texas own it.
Let’s take this one step further. Where in the Constitution is the authorization for the Park Service, or any other branch of the Federal Government to own the land.
He was right the first time. They should just sell the land.
I don’t know about you, but that article was so poorly written I can barely tell where the guy stands on the Second Amendment. It sounds like the author is still in high school.
Whoever wrote this has never thought about the truth that it was guns that won this nation’s independence and made it the greatest nation on earth. It is still guns that keep the writer’s hind end safe and sound this very day, but if he or she wishes for a true gun free nation, let them moved to Myanmar where they may have the joy of life without any fear of guns in the hands of it citizens!
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