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Christine M. Flowers: GUNNING FOR THE CONSTITUTION

LAST year, when the nation's eyes were focused on Hazleton, Pa., there was no shortage of opinion about Mayor Lou Barletta's attempt to limit illegal immigration.

Some felt the mayor was justified in supporting local ordinances that made it a crime to house or employ undocumented aliens. Others thought it was a shameless grab for attention, and a mean-spirited one at that.

I fell into a middle category, understanding why the mayor felt frustrated but condemning his acts as grandstanding. Why? Because the Constitution clearly states that immigration policy must be left to the federal government. Barletta's 15 minutes of fame weren't going to have any effect on immigration policy, at least not after the federal courts got to him.

And that's exactly what happened. The laws were struck down as unconstitutional.

My liberal friends (I actually have some) were ecstatic. I suspect they just enjoyed seeing someone they call a "xenophobe" get his comeuppance. But they put it in the more sedate language of "Well, it just goes to show that you can't enact ridiculous laws and expect them to be upheld by the courts." (Much safer than, "They cling to guns or religion or antipathy to people who aren't like them or anti-immigrant sentiment . . . as a way to explain their frustrations.")

Now, though, I'd love to know what my liberal friends feel about the recent gun-law debacle that went down in City Hall last week. You remember the valiant stand that Mayor Nutter and City Council took, raising their collective arms in an Italian salute to Harrisburg by passing a series of laws limiting the sale, transfer and use of guns in the Fratricidal City?

The debacle that made them look like Jim Bowie, Davy Crockett and Col. Travis holed up in the Alamo against the evil Santa Annas from central Pennsylvania? The one that our local papers seemed to applaud, while acknowledging that there just might be a teeny wrinkle to iron out before proclaiming victory?

A little something called the Pennsylvania Supreme Court.

Back in 1996, the Supremes declared that only the General Assembly had the right to regulate guns in any of Pennsylvania's municipalities. Their justification? The state constitution.

And as we all know, constitutions are made to be followed. Sure, we can amend them, bend them, find interesting emanations and generally trash them when we think we know better than the founders. But we are usually justifiably cautious about taking any action that is clearly in violation of clearly established law and precedent.

Barletta found out what happens when you don't play by the rules. But now that we're talking about guns and gun owners, I wonder if liberals will beseech the courts to strike down these faux laws? My hunch: They won't.

Mayor Nutter had this to say on the subject:

"We have petitioned our government, but our pleas have been ignored . . .

"We're going to make us independent of the violence that has been taking place in this city for far too long."

I agree. Philadelphia has been ignored in Harrisburg. It does have special problems. But acting like defiant and belligerent children when we don't get our way isn't going to solve those problems. It's just going to confirm what the people in northeastern and western and central Pennsylvania already think of us.

That we're a lawless city.

Thank God for District Attorney Lynne Abraham. The legendary tough cookie has come right out and said what someone should have drilled into the heads of our clueless Council: "Until or unless the Supreme Court tells me otherwise, I'm obligated to follow the law the Supreme Court has enunciated."

Imagine that! Following the law while it's still the law. Saying "nope" to the people who feel we in the Quaker City live in a constitution-free zone. Having the cojones to stand up to the critics

who'll blame her for not caring about the carnage in the streets, about the mothers who grieve, about the children who will never make it out of sixth grade. There's a lot of sympathy on the side of those who want to take a shortcut.

But sympathy doesn't trump statute. After all, if sympathy was what counted, every criminal with a sob story would have grounds for an appeal. (What? They already do? Well, let's just save that for another op-ed, shall we?)

And sympathy doesn't stop expensive lawsuits from people prosecuted under clearly unconstitutional laws. (Another thing that delights my liberal friends.)

As we know, guns in the wrong hands are dangerous.

So, apparently, are laws. *

Christine M. Flowers is a lawyer.

E-mail: cflowers1961@yahoo.com.

 
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