Tuesday, January 15, 2013

2ND AMENDMENT: What does it really say...




We are about to start discussing a lot about “GUN CONTROL” regulations that may be imposed by Congress and/or by presidential fiat.

BUT before the wrangling starts I just want to make perfectly clear that the 2ND AMENDMENT TO OUR CONSTITUTION DOES NOT MAKE GUN OWNERSHIP A CONSTITUTIONAL RIGHT.

I realize that many, many people including Supreme Court judges think that the 2nd Amendment DOES protect gun ownership in the United States, but I am afraid they either are blind to the reality of the Amendment because they so want it to say what they want it to say or they feel they have to interpret the Amendment erroneously so as to keep gun ownership protected by our Constitution…so they just lie?

I am a little surprised by the conservatives on the Supreme Court who call themselves “strict constructionists” when it comes to our Constitution meaning that they interpret our Constitution AS WRITTEN THEN with the BILL OF RIGHTS finally ratified in 1791.

As we all know, the BILL OF RIGHTS amendments were added to the Constitution based on the experiences Americans had under the despotic rule of an English monarch; they wanted to make sure Americans would never suffer the same injustices as they did under the rule of England.

The BILL OF RIGHTS reflected the people’s experiences and related views that were held in the late 1700s and applied specifically to their welfare at that time.

The fear of a foreign invasion was still on people’s minds. The new country did not have a standing army that could protect individual states in case, say the Canadians/British attacked or even some pissed off tribe of Indians; the states needed to protect themselves and their residents.

In colonial times, all able-bodied men were part of a state “militia” and when “mustered” must come armed and ready to fight “by law”.

The word and concept of a “militia” is critical to this 2nd Amendment argument in that all males (16-40) were automatically enrolled in an “organized and regulated” militia or civilian military force that could be “called-up” for duty in emergencies.

For this reason, the 2nd Amendment starts with the words “A well-regulated MILITIA, being necessary to the security of a free state” and continues “the right of the people to keep and bear arms shall not be infringed.” In essence, this amendment is saying that since “well regulated” militias are an absolute necessity in guaranteeing the security of a free state, no laws shall be enacted that interfere with the members of that militia, from having and using arms/guns/rifles…

As time went on, citizen militias evolved into state national guards (1903) and now each state has a national guard that can be called up by the governor of that state for emergency duty or can be “federalized” by the federal government for national duty.

Since the “well-regulated militia” is now a “well-regulated state national guard” where does it leave the individual civilian that is not part of the militia or National Guard? Well, the 2nd Amendment no longer applies to the average Joe Blow but only to the people that are part of the National Guard…comprende?

There is no way that the 2nd Amendment can be interpreted today as applying to someone NOT IN THE NATIONAL GUARD.

Some people that believe movies like RED DAWN, etc. are for real and that we as a nation could be attacked and our armed forces defeated and then individual citizens would have to rise up against the invaders and save the country and therefore have to be armed at all times…well really?

If you want the right to bear arms to be a federal law then pass a law stating just that but don’t try to hide behind the 2nd Amendment; it does not give you the right to bear arms…period.



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