Repeal of the 2nd Amendment would not Abolish any Right

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Following the recent school shooting in Connecticut, American citizens have once again displayed their total ignorance concerning the Constitution, the Bill of Rights, and the Second Amendment. Facebook postings, comments to so-called news articles and letters to the editor are calling for repeal of the Second Amendment. These individuals believe the right to own a firearm is based on the Second Amendment and the right will vanish if the Amendment can be repealed. Unless the Second Amendment created the right, then repeal of the Amendment cannot constitutionally abolish the right.

Following the Federal [Constitutional] Convention of 1787 and the subsequent ratification of the Constitution in 1788, the several States began submitting amendments to Congress for consideration. By September of 1789, Congress had reduced approximately 210 separate amendments to 12. The amendments were inserted into a congressional resolution and submitted to the several States for consideration. Of these, numbers 2-12 were ratified by the States in 1791 and became the so-called Bill of Rights.

A little known fact about this resolution is that it contained a preamble declaring the purpose of the proposed amendments. Most modern editions of the Bill of Rights either do not contain the preamble or only include the last paragraph. The most important paragraph is the first one because it discloses the intent of the proposed amendments.

A review of this paragraph shows that the sole purpose of the proposed amendments was to prevent the federal government from “misconstruing or abusing its powers.” To accomplish this, “further declaratory and restrictive clauses” were being proposed. The amendments, if adopted, would place additional restraints or limitations on the powers of the federal government to prevent that government from usurping its constitutional powers. Every clause of the Bill of Rights, without exception, is either a declaratory statement or a restrictive provision.

If the Bill of Rights had granted rights, then the word “granted” would have to appear each and every time a right was being established. A review of the Bill of Rights shows that the word “granted” does not appear in any Amendment.

In reality, the Bill of Rights placed additional or secondary restraints on the powers of the federal government concerning the rights of the people and powers reserved to the States. That is why the words “no,” “not” and “nor” appear throughout the Amendments instead of the word “granted.”

Since the Second Amendment did not create or grant any right concerning firearms, the right enumerated in the Amendment has to be an existing right separate from the Amendment. Thus, repealing the Second Amendment would not eliminate any right because the right enumerated in the Amendment was not created by the Amendment. The right to keep and bear arms exists independent of the Constitution or the Second Amendment.

In order to help explain this constitutional principle, I reluctantly decided to reference a United States Supreme Court case from 1875. Normally, I would not cite a court case to support a constitutional principle because too many opinions do not reflect the true intent of the Framers. However, I decided to make an exception because this decision states this constitutional principle clearly and concisely and has never been overturned.

In the case of United States v Cruikshank, the United States Supreme Court held that the rights enumerated in the Bill of Rights were not granted by the Amendments and are not dependent upon the Constitution for their existence. The Court also ruled that the Amendments were restraints on the powers of the federal government and it is the duty of States to secure the individual rights of the American people.

One of the most definitive and succinct interpretations of the Second Amendment is found in the Court’s second holding:

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“The right there specified is that of ‘bearing arms for a lawful purpose.’ This is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence. The Second Amendment declares that it shall not be infringed: but this, as has been seen, means no more than that it shall not be infringed by Congress. This is one of the amendments that has no other effect than to restrict the powers of the National [Federal] Government…”

The Second Amendment did not create or grant any right to keep and bear arms. It placed an additional restraint on the powers of the federal government concerning the existing right to keep and bear arms. Thus, all a repeal could do, from a federal standpoint, is remove the secondary restraint imposed on federal power by the Amendment. And since many States have a right to keep and bear arms clause in their constitution, separate and apart from the Federal Constitution or the Second Amendment, the existence or non-existence of the Second Amendment would not affect the right because the federal government was not granted and does not have the general power to abolish a natural or individual right secured by a State Constitution.

Note: There is a school of thought that the Fourteenth Amendment made, through a doctrine known as incorporation, the Second Amendment applicable to the individual States. Since the Second Amendment did not create a right, then repeal of the Amendment could not abolish the right in the individual States through the Fourteenth Amendment.

About Bob Greenslade

Bob Greenslade [send him email] has been writing for www.thepriceofliberty.org since 2003. Bob focuses his writing on issues surrounding the federal government and the Constitution. He believes politicians at the federal level, through ignorance or design, are systematically dismantling the Constitution in an effort to expand their power and consolidate control over the American people. He has dedicated himself to resurrecting the true intent of the Constitution in the hope that the information will contribute, in some small way, to restoring the system of limited government established by the Constitution.

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63 comments
MatheusGrunt
MatheusGrunt

The 2nd Amendment is supreme and there is no way around that. That's why our politicians hate it so much. Socialists do not recognize a man's inherent rights. Our Founding Father's understood this well too. They worked hard and created a good Constitution because they understood what could happen if government reigned over people without constraints. They studied history prior to their existence and they lived in the UK and other parts of Europe and they knew just how archaic the system was over there. America is truly the only place in this world that is full of liberty and freedom, even if our current system is jacked by commies. I also do not support gun laws as they violate the 2nd Amendment. I do support fast and speedy trials for those who commit heinous crimes against person's and either death or a life-long sentence is required, depending on the severity of the crime. To prevent tragedies involving firearms is not possible because that means that we'll have to confine every citizen and watch their every move, and be inside their heads at all times, which is impossible. It is unfortunate that some people decide to kill others with a firearm but more people quite frankly die every year from objects other than firearms as well as from cars than do people from firearms. If our society was more moral, we wouldn't have these gun violence problems hardly at all. In fact, a good deal of our violence would be relatively lower if people were more moral and ethical. There is no hiding behind that truth.

MatheusGrunt
MatheusGrunt

I also believe that our socialist enemies have manufactured and prepared for tragedies like Sandy Hook and others so that we would focus on trying to "take away" by making illegal, our rights to own and bear arms. The 2nd Amendment means simply that we the people have the ability and authority to overthrow a tyrannical government. That's what it's for. Not hunting or target shooting even. Although those things are part of it because you can freely do those things, those are not the main purposes of the 2nd Amendment. This is why our 2nd Amendment is under heavy attack now.

Charles99percenter
Charles99percenter

I saw Ed Koch's final interview. I agree with him that the 2nd Amendment needs to be fixed. Frankly, the reason for it was partly to allow for slave patrols and to arm the frontier against  Indians.  I am sure the Native Americans would say it was to "murder" their ancestors. Also, it allowed for muzzle loading black powder muskets which took a long time to load not these cannons that we have now. The 2nd Amendment as written is an anachorism. 

 

Gun control is a national problem. Local efforts are doomed because it is easy to travel to get guns. The only effect local control is if the gun is found, the courts can punish if the Supreme court permits. We need to change the Constitution.

 

I propose the following revision. 

“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) REGULATED BY CONGRESS TO INSURE AN EFFICIENT MILITIA AND TO SECURE THE SAFETY OF THE CITIZENS OF THE REPUBLIC.

 

The Constitution was  full of things that were wrong.  Some things did not work like the election of the President and Vice President.  The Constitution enshrined slavery and the slave trade. The Senator were not elected by the people. The right to vote had to expressed for blacks and women. The 2nd Amendment is not a sacred cow and it needs revision.

 

It is time for a modern abolition movement. Let it be a memorial to that fine man, the late Ed Koch, former mayor of New York City.

 

 

RobertKnight
RobertKnight like.author.displayName like.author.displayName 2 Like

 @Charles99percenter The problem is that the efficient militia you are referring to, is not to be regulated by congress. This was not intended to give MORE power to the government, rather to restrict the power of the government. If the people in power ever decided to take away your right to vote, to remove your right to speak freely, or anything else, as it is right now there would be a possible retaliation against that. Take away peoples ability to rebel against that idea, and you gladly open the door to tyranny. While I do agree that there does need to be some sort of control in place to prevent tragedies. I am opposed to any sort of control that would place all of the power into the hands of a few. A few I might add who have already done a wonderful job of screwing up the economy, who have allowed banks to get away with criminal activity and go un-punished because "they are too big to fail". A few who keep whittling away at any sort of common ground and keep pushing people to the outer edges preventing any intelligent and thoughtful discourse.  

West Texan
West Texan like.author.displayName like.author.displayName like.author.displayName like.author.displayName like.author.displayName 5 Like

 @Charles99percenter Typical left-wing comment. Rewrite history to fit your totalitarian agenda. No thanks! You demonstrably lack an understanding of the 2nd Amendment's origin. The term "Militia" was subservient to an individual's right to keep and bear arms. Early American slaves and indigenous populations, like the Jews of NAZI Germany, were tyrannically blocked from exercising every person's right to armed self-defence. To say the 2A was implemented to patrol slavery is not only misinformed, it's an ugly lie.

RobertKnight
RobertKnight

 @West Texan  @Charles99percenter Also in regards to the american slaves, understand that the founding fathers honestly believed that slavery was going to end soon after the creation of the country. Until the invention of the cotton gin, slavery was actually costing land owners more to keep than they were getting out of the land. Thus it was widely believed that slavery was coming to its natural end anyway. 

RobertKnight
RobertKnight

 @West Texan  @Charles99percenter Once again there is a problem with history, it is not that the second amendment existed it is that it existed and was not applied equally to everyone. Thus those people who were persecuted were able to be kept down while those who perpetrated the hatred were able to use their superior firepower to keep them down. The second amendment was not the problem in this case. It was hateful arrogant people bending the law to their own use.  

ladynra1
ladynra1

@gt333 Too many Americans don't understand the #2A as the founders understood it, as a GOD-GIVEN RIGHT, that cannot be taken away.

CoachDB18
CoachDB18

@babj615 Excellent article, excellent point. How many people actually understand Natural law, & differences between inalienable, unalienable

West Texan
West Texan like.author.displayName 1 Like

The anti-gun crowd stops at "A well regulated Militia ...", given their corrupted version of this phrase's historical meaning, while choosing to ignore "...the right of the people to keep and bear Arms, shall not be infringed.". The 2nd Amendment clearly recognizes an individual right as validated by DC v. Heller and McDonald v. Chicago. These recent SCOTUS decisions, along with the U.S. Constitution's Bill of Rights, are purposely trampled on by the progressive elitists in our lives. Folks for whom the 2nd Amendment does little other than get in their way. Speaking of aristocratical nonsense, see Dr. Kessler's latest blog at  http://crimelawandjustice.blogspot.com/2012/12/cutlery-control-urged-for-uk.html

RobertKnight
RobertKnight like.author.displayName 1 Like

 @West Texan I would consider myself to be a bit of a progressive, and yet I agree with you about the purpose, meaning, and importance of the second amendment. Attacking someone based on the fact that they disagree with you is not going to make them understand that you have a valid and important point. The fact is that the anti-gun crowd have a knee jerk reaction to the fear they feel. They know they want something done that will prevent another child from being made a victim, from stopping a madman from walking into a theater and killing dozens. The best thing they can do is point at the weapons these people are using and say "if they didn't have that gun could they have killed so many?" and to be honest the answer is generally "No". If they did not have that gun they might have killed a few, sure, but the numbers would probably have been far fewer. What they fail to realize is that there have been many cases where a similar situation happened but one person who was armed stopped it before anyone else got hurt (happened recently here in Texas actually). The point is that the bad people having guns outweighs the good people having guns to them. I take the opposite approach in this case. I think that the good people should be armed, and that when those bad people come at them, they don't walk away. 

AnthonyJamesPalumbo
AnthonyJamesPalumbo

 @West Texan The idea of federalism rejects the idea that the federal courts are the arbiters to the extent of the individuals rights against the States. You state that it is "We the People who created the Constitution. Many founders, like Patrick Henry, in fact, had difficulty in what the language of "We the People" meant. Henry preferred the term, "We the States" to be included in the Preamble to the Constitution because it was the States who called for it. Although it was the people in the respective States, it was the people only through the States that the Constitution had its breath. Now, to address the more fundamental concern: here are some examples which irrefutably show the founding era believed the Bill of Rights only applied to the General Government. We know this first because James Madison wanted them at one point to apply to the States, and complained that there wasn't any more protections by the General Government against the States other than Article 1, Section 10.(Madison later rejected this idea of an active judiciary, as he moved more and more Jeffersonian as he aged) Furthermore, at the Constitutional Convention, there were 12 Amendments proposed. One of them read:" No State shall violate the equal rights of conscience, or the freedom of the press, or the trial by jury in criminal cases.” This Amendment was rejected at the Convention. This shows two things: 1. Some of the founders saw a need for the General Government acting against the States, but well over a supermajority rejected it. 2. It was understood by the founders the first 10 Amendments applied only to the General Government, Otherwise, they wouldn't have proposed the aforementioned Amendment. The 1st and 7th Amendments already protected the rights of conscience, press, and trial by jury, so those very few founders who included this Amendment obviously wrote it because the 1st Ten Amendments didn't apply to the States. Second, just read the Preamble to the Bill of Rights. It reads: "Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine. THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers...." Here, it is stated plainly that the Bill of Rights are written for "it's powers"-"The Congress of the United States begun and held at the City of New York." Third, even the hyper-nationalist John Marshall understood the Bill of Rights didn't apply to the States. This was why he said the Bill of Rights are so plainly understood to apply only to the General Government. The justices unanimously agreed with Marshall in Barron v. Baltimore, stating that the "amendments contain no expression indicating an intention to apply them to the State governments." Pragmatically, the Incorporation doctrine may be held, and in some instances it may be beneficial, but morally we cannot use unconstitutional power in order to exert our will, and in the long run, the incorporation doctrine will diminish liberty, both through the General and State governments.  The incorporation doctrine has lead to a lazy citizenry. Instead of active participation in state and local governments, freedom lovers have said, "eh-let's just let the federal courts do our job." Furthermore, the incorporation doctrine is a lose-lose situation. As we have seen, once the courts apply the Bill of Rights to the States, the States concoct more excuses to the federal government. This in turn allows the General Government to make these excuses for themselves. Besides short term victories for individual citizens, the incorporation doctrine has done nothing to limit the General Government, and in many cases, hasn't even limited State and local government abuses.

West Texan
West Texan

 @AnthonyJamesPalumbo Allow me to quote the anti-federalist "John DeWitt" of Boston wherein he wrote, "That insatiable thirst for unconditional controul [sic] over our fellow creatures, and the facility of sounds to convey essentially different ideas, produced the first Bill of Rights ever prefixed to a Frame of Government. The people, although fully sensible that they reserved every tittle of power they did not expressly grant away, yet afraid that the words made use of , to express those rights so granted might convey more than they originally intended, they chose at the same moment to express in different language those rights which the agreement did not include, and which they never designed to part with, endeavoring thereby to prevent any cause for future altercation and the intrusion into society of that doctrine of tacit implication which has been the favorite theme of every tyrant from the origin of all governments to the present day." . 

 

The Anti-federalist papers and constitutional convention debates, Ed. R. Ketcham, 2003 Signet classic, p. 196-197

West Texan
West Texan

 @AnthonyJamesPalumbo Article 5 of the U.S. Constitution requires 75% of the states to ratify any amendment(s). Why would these states adopt a Bill of Rights under your premise of "do as we say, not as we do"? The supremacy clause alone, under article 6, is enough to invalidate your claim. Just the same, I do appreciate your thoughtful commentary.

AnthonyJamesPalumbo
AnthonyJamesPalumbo

@West Texan I would also like to point out that historian Thomas Woods and the 10th Amendment Center have info. On the Supremacy Clause, and what it actually means. I also had a similar understanding of it as yours, until they perked my mind, and went to the founding documents themselves. I would just suggest to go check it, and see for yourself. Thanks again for the reply.

AnthonyJamesPalumbo
AnthonyJamesPalumbo

@West Texan I already pointed out to you, pointing to numerous historical examples, that the founders didn't believe the Supremacy Clause had that authority. Thanks for the reply.

Begneli
Begneli

 @AnthonyJamesPalumbo  @West Texan Are you saying that the states are free to establish a religion or deny individuals freedom of speech? That inherent and God given rights of the individual, and protected from government, are only protected from the federal government , but not from state government? If that is true, wouldn't the states at the time the Bill was written have demanded that the language spell it out rather than leave it to imply that the individual carries the right, to the rights, against all governments..

AnthonyJamesPalumbo
AnthonyJamesPalumbo like.author.displayName 1 Like

@markross67 That's exactly right. If only the people I've been trying to educate would listen when I say the exact same thing.

markross67
markross67 like.author.displayName like.author.displayName like.author.displayName like.author.displayName 4 Like

 @Begneli  @AnthonyJamesPalumbo  @West Texan In a paper, which eventually became part of the Anti-Federalist Papers, and under the pseudonym “Brutus,” it was written: “Ought not a [Federal] government, vested with such extensive and indefinite authority, to have been restricted by a declaration of rights? It certainly ought. So clear a point is this, that I cannot help suspecting that persons who attempt to persuade people that such reservations were less necessary under this Constitution than under those of the States, are willfully endeavoring to deceive, and to lead you into an absolute state of vassalage.” The U.S. Bill of Rights were created from Constitutions that already existed within the states, and pre-dated The U.S. Constitution and Federal Government. It isn't that the state legislatures should not also be restrained in these areas, it is that most people fail to realize that most of what is in The Federal Bill of Rights already exists in their state Constitutions. And, by telling The Supreme Court, which is an agent of The Federal Government, that they can be the arbiter of how these Amendments apply to all 50 states, is a BIG GOVERNMENT, Nationalist, slippery-slope to tyranny. If you believe that these rights are God-given, natural rights, as I do, then, we should do everything we can to restrict all levels of Government from intruding on them, and having some power of them.

AnthonyJamesPalumbo
AnthonyJamesPalumbo like.author.displayName 1 Like

@West Texan @West Texan I agree with your statements, except for your assertion of Heller. Actually, Heller arises out of a Progressive misconception of the 2nd Amendment. The Progressives invented the doctrine of incorporation out of nowhere. The 2nd Amendment applies only to the General Government, which is clearly evident in the Preamble to the Bill of Rights. The Incorporation doctrine has lead to a lazy citizenry, and lead liberty activists to rely too much on federal courts to do their job.

ThePainefulTruth
ThePainefulTruth

 @AnthonyJamesPalumbo   Commentary such as yours  is completely OUT OF CONTEXT with the prevailing UNDERSTANDING and ACCEPTANCE of what constituted COMMON LAW RIGHT even before settling of the New World by a few hundered years and even today still !  The preamble to the Bill of Rights refers to the general government because it is addressing the idea of general government !  The Bill of Rights already existed before the creation of the US Constitution and was derived from the States constitutions as the model to be re-inforced as such as ALREADY applied to the STATE GOV'TS ( and by extension applies to all gov't ) and  is intended to prevent misinterpretation of fundamental inherent Common Law truths long since acccepted as self evident , and established / accepted as such by the English Bill of Rights and the Magna Carta , etc. ... continuing on through today !  Your reply suggests you have NOT gone back far enough in your research ( hence the missing sense of perspective )  to come up with the correct conclusion . Quite frankly many of the early statesmen and judges still had a hard time finally sorting out these issues ( as you mentioned , even James Madison came around to Jeffersonian perspective )  . This conclusion of what is the "right / correct " understanding / interpretation / meaning is proven by the fact that all correct interpretation / understanding / meaning always re-proves (  is in accord with ) the other parts of the whole and does NOT conflict with any other parts of the whole of the US Constitution, or the Constitutions of the States of America . This is the key to KNOWING the correct understanding / meaning / interpretation / intent of the documents ; that is  ... they are based on the "absolute" LOGIC of never conflicting with any other part of the documents ( they are in absolute accord with each other since they are unified in the same "intentended"  meaning ) thus giving it the condition of resolving all matters of "State" and "Society" , and the relationship between the two ! See "Abel Upshure's" work entitled " A brief Enquiry into the True Nature and Character of the Federal Government " to re-educate yourself with the correct understanding and intended purpose of the US Constitution . Also when you state that the second ammendment "only" applies to the federal government I can't help but ask you ; What part of the the US Constitution IS the "Supreme Law" of the Land , do You NOT get ? Also when it declares that ALL Government and Public figures and Judges and Laws / Legislation , Treaties , Executive Orders , ie. "everything" , ... MUST comply with the US Constitution ... or be deemed "Unconstitutional" !

West Texan
West Texan

 @AnthonyJamesPalumbo  Your reply is appreciated. The U.S. Constitution's first ten amendments were fundamental to and remain a central part of my past military oaths. Aside from prior SCOTUS discourse on the topic, I personally see the Bill of Rights as minimal recognition of freely inherited individual and states' rights that apply to all levels of government. Remember "We the People"? It appears to be the very foundation upon which the Tenth Amendment Center supports its own claim within the framework of federalism. That said, my ancestry comes from our country's southern confederation, which obviously had serious shortcomings regarding basic civil rights.

far2right
far2right

Is the TAC crafting any example legislation text to counter what Feinstein is about to introduce?

 

Legislation such as the Tennessee Firearms Freedom Act is very restrictive and, therefore, not meaningful in this situation.

Incredulous1
Incredulous1 like.author.displayName 1 Like

Brilliant article, Mr. Greenslade.  Thank you!  The most important words in the article, IMHO, are in the first sentence:  "...American citizens have once again displayed their total ignorance concerning the Constitution..."  The Constitution and Bill of Rights were created as "the chains that bind" our federal government.  If Americans refuse to understand and defend these documents, the federal government WILL continue to add "the chains which bind us all."  If you know anyone who votes who does NOT understand the Constitution (friend, family, neighbor or coworker), slap them for me and then shame them incessantly until they DO understand it!

stilln2
stilln2

@stilln2 @TenthAmendment Just want to know about that....is....!!!!!

August_21_1864
August_21_1864

@laurathefarrar Once you remove the Second Amendment, all rights are in jeopardy. Thats why it was included in the Constitution. #Obvious

scott adie
scott adie like.author.displayName 1 Like

Because this is true, the following would be my suggestion:

If a thing is denoted as a 'Right' by the Constitution, then it is reasonable to demand that our government not interfere with that 'Right' otherwise it is no longer a 'Right' but a privilege to be granted by meeting certain qualifications and regulations. Therefore as the 2nd Amendment recognizes, not grants, our 'Right to Keep and Bear Arms', the federal government has no legal jurisdiction over it what so ever. In fact, even the registration of firearms is Constitutionally illegal so by proxy, the Journal News should be sued by all those identified, for violating their Constitutional rights. One of our Second Amendment advocates of national recognition, needs to take this up.

ThePainefulTruth
ThePainefulTruth

Yes ! And conversely it can be shown by the US Constitution and reason / logic that the ONLY powers allowed / granted to the Federal government / Congress concerning any activity of Common Defense and / or the general Welfare  is "specifically enumerated" and "limited" to those in Art. I sec. 8 . No other powers concerning these two "general" topics / catagories belong to Congress /  the Federal government ... period ! These two topics / catagories of "general" and "common" interest are NOT powers in and of themselves ( as explained by Madison , by reason and logic , and others ... both Federalists and Anti-Federalists , in debate ) but areas / topics / catagories to be dealt with by the "specifically enumerated" powers ... otherwise what would be the point of "specifically enumerating" powers if the "general" and "common" topics are to be interpreted as "powers" of their own thereby negating the point of enumerating specific powers , which would NOT "limit" government ! ?

WilliamSchooler
WilliamSchooler like.author.displayName 1 Like

I will be honest Bob, I think it is because no one knows what Independence is. I have been doing some test in many locations and here is how bad it is, NO ONE wants to discuss Independence and our constitution would be rubbish without it.

 

I have pried, persisted antagonized, used kindness and many different approaches and in 2 years I have not been able to achieve a full on discussion about independence.

 

I have no idea why this is, it is almost like you said a bad word, it just gets quiet.

 

Does anybody have clue why this is? This is on freedom loving sites and no one will talk about it. What is it about Independence that is so vulgar?

 

Rights are gifts of Independence from my perspective, how about you?

 

jamin
jamin like.author.displayName 1 Like

 @WilliamSchooler independence is a bad word because it is not free it is something we would have to actively reclaim from our current government and no one wants to find out what that would cost

WilliamSchooler
WilliamSchooler

@jamin

Why do we have to reclaim it when all we do is simply decide it, I am it, I decide as it, I am living it. Its a bad word because all are scared to be it, have no clue what it is. Think that is mean war and death, but it means life and living.

 

I was born independent with curiosity built in, I have rights, gifts of capability because my creator made me a creator as were all other craters created.

 

I want to know why so many of you gave it up so that you feel you have to go reclaim it from someone else who has the very same as you?

 

ObliterateTyranny
ObliterateTyranny

Excellent and spot on accurate.

 

This is also why the Supreme Court's invented "Doctrine if Incorporation" is utterly repugnant to the Constitution and cannot constitutionally exist or be constitutionally enforced.

 

Notwithstanding Art IV Sec 2, the 14th says, "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States"

 

Considering that there is no possible connection that can be made, as has done the Supreme Court, with that which are "further declaratory and restrictive clauses [on Congress]" which the People have a right to have obeyed by the Federal government and have enforced by their respective States (making plain it is not the States but the Federal government that is subordinate to the Bill of Rights, which also makes it unquestionably plain as to which are the sovereigns and the one that is not), there is nothing that can be construed in the 14th such that the restrictions placed on Congress by the Bill of Rights are to also be placed on the States, which is impossible anyway because of the construction of the instrument and FORM of government that was ratified.

 

For the States to somehow violate the 14th based on such an extraordinarily repugnant interpretation, one or more States would have to force or conspire with Congress to violate the Bill of Rights — or a State would have to fail to act when Congress overstepped its bounds.

 

There is nothing in the Constitution that grants Congress any sort of power to enforce the Bill of Rights on the States instead of on themselves [Congress].

 

Ironically, using a plain and proper interpretation, the 14th actually has a completely opposite meaning and enforcement. Instead of compelling the States to impose the Bill of Rights upon them selves, it compels Congress to compel the States to enforce the Bill of Rights upon Congress by compelling the States to NOT enforce laws made by Congress that plainly "abridges the privileges and immunities of the citizens of the United States" which must include those guarantees plainly spelled out in the Bill of Rights as "further declaratory and restrictive clauses [on Congress]".

 

So, what is really happening today is that the States are NOT violating the 14th by failing to enforce the Bill of Rights upon themselves, but for failing to ACTIVELY enforce the Bill of Rights on Congress (which is what the States are supposed to do anyway, even without the 14th); — because, by failing to ACTIVELY enforce the Bill of Rights on Congress is to directly violate that plain provision in the 14th that says, "No State shall make OR ENFORCE any law which shall abridge the privileges or immunities of citizens of the United States".

 

Is not the omission of an act or the failure to act the same as enforcing by default — by allowing another [Congress] to enforce that which is plainly outside its bounds?

 

Are not the citizens meant to be immune, as is made plain by the Bill of Rights, from certain encroachments and abuses of powers by the Federal government? is this not what the 14th is reiterating?

 

Furthermore, what was made very plain in the first Congress during the debates over the Bill of Rights, is that the ratified FORM cannot be altered — even by amendment — without sending the instrument back to the People for re-ratification of the new FORM (as was done for the current constitution). This was a concern regarding the proposed amendments — that none could alter the ratified form; otherwise, the Constitution would have to be sent back to the People.

 

The way in which the 14th is being interpreted today, it unquestionably changes the ratified FORM; and so, the next question must be whether the 14th is constitutional in the first place or whether it can even be interpreted, at all, in such a way so as to not alter the ratified FORM.

cptbanjo
cptbanjo

 @ObliterateTyranny

 But the Constitution mentions only one thing that cannot be changed by an amendment -- no State may be deprived of equal suffrage in the Senate without its consent.  By limiting the amendment power to this one issue, all else must be open to the amendment process.

cptbanjo
cptbanjo

To say that the Bill of Rights didn't affirmatively create rights is incorrect.  For example, where (aside from the 7th Amendment) is it written in stone that one has the right to a jury trial in a civil suit involving more than $20 ?

markross67
markross67

 @cptbanjo These were civil liberties, mostly, guaranteed by our respective state constitutions. The 7th Amendment made it clear that this right would also be respected by the new Federal Court system. "Common Law" also pre-dated our union.

Begneli
Begneli

 @cptbanjo You make a good point, if we don't look at the underlying  principle. . The basis is the right to one's own property and to be secure that the society will support that inherent right, and preserve order in the process.  Of course, one could argue that the individual has no inherent rights, that the biggest bully has the right to take your stuff. It just depends on the way you look at it, the law of the jungle or the law in the civilization that the Founders were establishing for us. Personally, I don't think the right to be secure is "manufactured" by government in the context of being civilized, but without civilization or morals, you are correct, we have no inherent rights. The big fish can take whatever he wants.

WilliamSchooler
WilliamSchooler

@Begneli@cptbanjo

How come the only property I own is my energy and how I use it, why has this been applied to all other things like I can own a piece of earth, well at least until a Hurricane comes and takes it away.

 

According to the Declaration of Independence I own my life to choose my actions but according to most these days it means to own and control yet we are resisting control, why is that?

 

So what is the law of life as it was written?

 

 

WilliamSchooler
WilliamSchooler

@AnthonyJamesPalumbo

By the way, what are you a Doctor? Is that why you can know everything and no one else can? I just wanted to know why you THINK you know it all, Im sure they were all good books.

 

AnthonyJamesPalumbo
AnthonyJamesPalumbo

 @WilliamSchooler   Your pantheistic view of the universe is far from the truth. You view everything as univocal, but the Scriptures view man and ownership of the Earth as analogical.  

 

WilliamSchooler
WilliamSchooler

@ThePainefulTruth

There you go talking about yourself and sharing with the world your personal life experiences again, thanks for sharing, but you might sit in front of the mirror first, really, your reflection is a little obscured.

 

ThePainefulTruth
ThePainefulTruth

Uhh ... is that a crack pipe I see in your pocket , or ... uh oh ... hey man , I don't ride on that side of the road Bill . Yikes !, I'm bailin' outta here ! My Pappy once told me that if you want to be an Eagle you gotta stop hangin' out with Turkeys .  See you later ... Turkey !

ThePainefulTruth
ThePainefulTruth

Puff ... Puff ... ........ ......... slowly exhale , cough ...cough .... you're right Bill this is goood chibba , some goood shit !

WilliamSchooler
WilliamSchooler

@Begneli@cptbanjo

Since I have a personal relationship with God which far supersedes all other story lines, and I have my energy and no other may make claim to it regardless of the story they make up.

 

The founders were like us, they were not gifted, they were not stupid, they too all received lessons the same way we all do. They also recognized certain things not true at all, refer to the Original draft of the Declaration, it was made very clear.

 

Claiming ownership of THINGS which are simply manifestations of creation is the false part. I don’t even own this body, earth does because it is an extension of it where I am far wider in range by infinity or limitless proportions you may not define for me.

 

Nature is the law as Life is the law, the nature of this Law is to allow life, not control, not dictate to it, not lie to it. Nature is my entire surrounding with me the energy within it, creating, rearranging to support the very essence of me as this Life.

 

Why is it a jungle when it is simply a lesson taught over and over if need be until the lesson is learned? Life has every value within it as it should be, and that is entirely independent of those claiming some restriction of it.

 

Begneli
Begneli

 @WilliamSchooler  @cptbanjo The Law of Life. "as it was written".   As I said If you only believe in the law of the jungle, it is written in nature that you don't even have your "energy" in the shadow of the bigger fish, if you are the big fish you have all the rights.

But the Founders believed in God, so " the law of life as it was written"  meant the laws handed down to us from God. Even if you do not believe in God, you have to be a very solitary animal to deprive loved ones the benefits and securities of organized civilization.

ThePainefulTruth
ThePainefulTruth like.author.displayName like.author.displayName 2 Like

All Gov't is created by the consent of  " Sovereign Individuals" , to serve the People ( Individual Sovereigns ) by "Protecting / Securing" the "Rights of  Individuals" , NEVER to take away Individual Rights except in restoration of Rights lost to the injured  .  Our "Inherent" Rights are from our Creator , based on  "Natural Law" / "Law of Nature" , Logic and Reason , and  "Common Law"  stemming from the English Bill of Rights of 1066 fought for by  William Wallace  and the Magna Carta of 1215  fought for by the English Baronage and still our Common Law to this day !  These are the "other" Rights referred to by the 9th Article of the Bil of Rights INCLUDED as original to the Constitution !The US Constitution IS  "Common Law" and superior to ALL other LAW as regards Individual Rights of Individual Sovereigns !  The Constitution ... All Constitutions are to to LIMIT Gov't to the role of serving the Individuals of society in securing their individual Sovereignty / Rights and NOT allow it to abuse that "priviledged" service !

WilliamSchooler
WilliamSchooler

@ThePainefulTruth

All this time I thought my rights stemmed from birth into such a life, I guess I have this screwed up according to William Wallace. Thanks William for the permissions.

 

 

WilliamSchooler
WilliamSchooler

@ThePainefulTruth

You sir are my best example of delusion, thats why I love to be me around you because you cannot have what you claim yourself to be, wimp, LOL oh ya mr. authority.

 

ThePainefulTruth
ThePainefulTruth

No Bill , it is'nt Wallace that has You all screwed up !  You've taken care of that all by Yourself . 

ThePainefulTruth
ThePainefulTruth

Read it again , Bill . I said William Wallace "fought" for Rights , because He knew they were inherent ! The Rights became acknowledged as the "English Bill of Rights" .  Try to leave out your desparate storyline while reading comments of others and you will get better results in understanding what is said . Without acknowledgement of Universal Rights of Man ... YOU are just a "bug" to be squashed by someone with malice towards you , hence the point and purpose of a government to provide some protections / repercussions in the event of this horrible , horrible , event . Government is simply a mutual accord to create a larger entity as a deterent against such actions , to provide a greater level / sense of security of our inherent Rights . Comprende ?

AnthonyJamesPalumbo
AnthonyJamesPalumbo like.author.displayName like.author.displayName like.author.displayName 3 Like

@cptbanjo That's the point. Rights do not stem from any document or any declaration of rights. They are inherent in nature. This is why the Federalists didn't even want to include a Bill of Rights, and many anti-Federalists understood their fear. The founders repeated fears that the Bill of Rights would be seen as a listing of a persons rights.(Which is partially the reason for the 9th Amendment) The Bill of Rights is not an exhaustive list of a persons rights, it is a list of violations of certain rights the States wanted to specifically protect against the General Government. Just look at the Bill of Rights in comparison to late colonial history. The First 10 Amendments were rights that England most often violated. The founders believed that violations of the Bill of Rights would still be illegal even without a Bill of Rights.

Begneli
Begneli like.author.displayName like.author.displayName like.author.displayName like.author.displayName like.author.displayName 5 Like

 @cptbanjo The rights are inherent. The Bill of Rights limits government from violating them.

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  1. [...] or limitations on the powers of the federal government toRead the rest of this article at: http://tenthamendmentcenter.com/2012/12/27/repeal-of-the-second-amendment-would-not-abolish-any-righ… Click "Home" to find this article in English. Clic "Inicio" para encontrar este artículo en [...]

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