Letter to the Editor — by Dave Erlanson Jr. of Swan Valley, Idaho
Folks, a recent Idaho Supreme Court decision has come to my attention, Sherry Cole v. Idaho Public Utilities Commission (IPUC). In my opinion, some very disturbing actions by both the Idaho Supreme Court and the Idaho Attorney General’s office are evident that something is wrong here in Idaho.
I will now lay out the problems I have found.
First, every State and Federal officer is required to take an oath before assuming office. Let’s check out this oath first and then go into the 14th Amendment of the United States Constitution, as both have relevance in this situation.
The oath “to support this Constitution” is found within Article VI, Clause 3 of the U.S. Constitution. I’d say this is self explanatory. Next, the 14th Amendment states, ”No State shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny any person within its jurisdiction the equal protection of the law.”
In dealing with the oath, an officer must adhere to the Constitution, including the 14th Amendment as well as all rights contained within the Bill of Rights. These safeguards were incorporated to protect the citizens against an oppressive government and a rogue judiciary.
Unfortunately, neither the Idaho Supreme Court nor the Idaho Attorney General in the Cole v Idaho Public Utilities Commission case seem to take their oath seriously. Furthermore, the Idaho Supreme Court seems to have no problem denying Cole her Constitutional right to a trial of her peers, while simultaneously allowing an in-house tribunal to determine the merits of the case. As far as the Attorney General is concerned under the 14th Amendment, it is his job to ensure Constitutional deprivations do not occur to persons within his jurisdiction.
Cole had her property confiscated by Rocky Mountain Power without due process of law. The troubling aspect is that the Attorney General’s Office represented Rocky Mountain Power and IPUC using taxpayer funds to go against one of Idaho’s citizens contrary to the 14th Amendment and denying Cole her rights as stated in the 5th, 7th, and 14th Amendments, as well as Article I, Sections 1 and 7 of the Idaho Constitution.
John Dickinson, a Constitutional Framer, once remarked that it is the duty of the people to watch and take care that the Constitution be preserved—folks, it is up to us to do this. We all know the massive bureaucracy that the government has become. While it grows massively, we incrementally lose our rights as the creators of our governmental system.
We the People must hold officials accountable for violations of a Constitutional nature. If we do not, a tyrannical form of oppressive government will ensue. Let us all do our part by learning what the educational system has failed to teach for a generation—to understand your rights as a citizen.
Thank you for your time and God Bless Our Country!
