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Thursday, April 29, 2010

The Second Amendment

The Second Amendment to the United States Constitution.

"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."

The men that drafted the Constitution of The United States added the Amendments in the order of their moral priority. If one looks at the Constitution and the Amendments with an eye on practicality, the Second Amendment then becomes at least, par with the First Amendment in importance. The Second Amendment is the guardian and guarantor of the Bill of Rights, preventing the Federal Government from writing any law that would deny the citizens of this nation the arms they would need to defend the nation, their State and to defend the rights that were secured under the new government.

Without the Second Amendment, the Bill of Rights and the Constitution would have little meaning and no defense against a corrupt government. Let us not forget that the men who drafted the Constitution had also written into the Declaration of Independence “…whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it.” It is clear that they possessed a deep and abiding distrust of governments in general and while they labored to create a nation founded in freedom, they recognized that this Republic was a supreme experiment and the outcome was yet to be proven.

Many opponents of the private ownership of firearms use the first few words of this amendment to say that this was strictly to provide for the arming of a State Militia; that it was never intended as a right for the common citizen to possess firearms. Well, once again we will delve into the Federalist Papers. That is where you will always find the clear intent of the men that wrote the Constitution and the Amendments. An excerpt taken from a document written by Alexander Hamilton on January 10, 1788 says:

"The project of disciplining all the militia of the United States is as futile as it would be injurious, if it were capable of being carried into execution. A tolerable expertness in military movements is a business that requires time and practice. It is not a day, or even a week, that will suffice for the attainment of it. To oblige the great body of the yeomanry, and of the other classes of the citizens, to be under arms for the purpose of going through military exercises and evolutions, as often as might be necessary to acquire the degree of perfection which would entitle them to the character of a well-regulated militia, would be a real grievance to the people, and a serious public inconvenience and loss. It would form an annual deduction from the productive labor of the country, to an amount which, calculating upon the present numbers of the people, would not fall far short of the whole expense of the civil establishments of all the States. To attempt a thing which would abridge the mass of labor and industry to so considerable an extent, would be unwise: and the experiment, if made, could not succeed, because it would not long be endured. Little more can reasonably be aimed at, with respect to the people at large, than to have them properly armed and equipped; and in order to see that this be not neglected, it will be necessary to assemble them once or twice in the course of a year."

It was the intent of this Amendment to insure that the citizens are armed to defend this fledgling nation and it is clear by this passage alone, that the entire populace was expected to be armed. The “Militia only” interpretation the detractors of the Second Amendment say is implied in the Constitution clearly does not exist. The “regulation” that is implied in the Constitution was directed at insuring the Citizens were properly armed and is not meant to say that those that may bear arms can only exist as part of a National Guard or regular Army and in fact, this passage indicates that was not to be expected of the people.

Bear in mind that Congress had already created an army that had just secured our independence from Great Britain and there were provisions written into the draft of the Constitution that provided Congress with the means and the authority to raise an army, a navy and to secure the funds to provide for them both. If a militia was the sole intent of the Second Amendment, it would be the one and only redundant provision that appeared in the whole of the Constitution.

I find it mildly interesting that those that claim the intuitive insight to interpret the Constitution on our behalf tend to ignore the very store of documents that are the road map through the minds of the men that wrote it. To ignore the Federalist papers is a gross injustice to the American people and an insult to the honor of the founding fathers of this nation.

So why do I feel that the right to bear arms is so important? I could point to the article I posted here yesterday as one good reason. Pravda has all but written off the United States and quite honestly, if we do not put a stop to the insanity of 3.6 trillion dollar budgets, trillion dollar deficits and the wholesale looting of the treasury by “community organizers”, I agree with them. Rather than spell out a scenario of doom and gloom I will name my second reason, or rather Thomas Jefferson will...

"…whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it."

Rep. Henry Waxman (D-CA) is quoted as saying: "If someone is so fearful that they are going to start using their weapons to protect their rights, it makes me very nervous that these people have weapons at all." Let’s face it; only someone that intends to deny or destroy our rights and freedoms would be fearful of the people that would stand to defend them. It further tells me that if he could find a way around the Second Amendment, they would have already started collecting guns.

Henry Waxman is one of the authors of the Waxman-Markey or Climate Bill. This bill is supposed to protect the environment by reducing the carbon output of the United States. To do so, this bill will severely cripple the manufacturing industries in this nation and place draconian restrictions on personal power consumption by raising the price of energy to a point that will be unsustainable for the average American household.

The truly criminal part of that legislation is that it will have no effect on the environment whatsoever. China and India are the largest producers of carbon emissions and refuse to hamper their economic growth by enacting similar measures. The bill will certainly reduce carbon emissions in our country but not because we are cleaner. The emissions will be reduced as manufacturing industries relocate to other nations that do not possess costly restrictions on manufacturing and are truly happy for the opportunity to put their citizens to work doing the jobs we once had. Is this why Henry Waxman is nervous?

Gun opponents would cite crime statistics involving the use of firearms. The statistics they ignore is that the vast majority of those crimes are committed with unlawfully obtained firearms and in many cases, by people that are already prohibited from owning firearms because of a felony criminal record. You see, criminals by definition, do not obey the law so weapon legislation does not stop them. They also ignore the statistics that say that gun violence is predominately highest in the cities where they already possess stringent gun ownership laws. That is because the criminals aren’t quite so brave when there is an even chance that you might have a weapon too.

The text written by Alexander Hamilton that was posted above is a clear indication that the nation’s founders looked at the citizens very differently than Congress does now. We were the nation then, equal in status and rights. Now we are treated as the subjects of this massive government, nearly as much as we were under King George and that alone is sufficient to reinforce the need for the Second Amendment.

To make things worse, the Federal government continues to expand its powers beyond those granted to it under the Enumerated Powers Act, which is highly dangerous in a government that is full of people that think they are the new aristocracy. Remember, criminals by definition, do not obey the law and that includes the elected ones.

Paul

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