U. S. Constitution and the Right To Bear Arms

U. S. Constitution and the Right To Bear Arms
by
David Schlecht

During the last presidential election, one candidate took the words of the other candidate out of context and made misleading and downright wrong assertions about the position of his opponent. This habit of purposely taking things out of context is common in today’s politics, but, it’s important we don’t get lackadaisical about accepting it.

Take for example the Second Amendment to the U. S. Constitution:

Amendment 2 – Right to Bear Arms. Ratified 12/15/1791.

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.

Make sure you read the whole thing.

There are two parts to this amendment. If the thrust of the amendment was that all Americans should bear arms to overthrow their government, don’t you think it would say that? After all, it says more than just that we shall have the right to bear arms.

In fact, it doesn’t even start with the right to bear arms part, it begins with the caveat that the government will not restrict a well regulated state militia.

Furthermore, this amendment does not provide for individuals to have guns, it says that the people (the state militia) must regulate the arms. In other words, the arms were expected to be kept in the armory, you know, like they did when the amendment was written.

It becomes obvious how the amendment can be misinterpreted when it is taken out of context. Why does the NRA and other gun nuts insist on taking this out of  context?

Where in here can anyone find even a hint that we are all entitled to unregulated arms, stockpiles of weapons our forefathers never imagined, at the time of the amendment?

The Supreme Court appointed George Bush contrary to the constitution. This was a blatant overstep on the part of the Supreme Court. The Supreme Court makes more than their share of mistakes. And the Supreme Court has interpreted the constitution incorrectly on numerous occasions, such as saying the constitution gives corporations and oligarchs unlimited rights to sway our elections. Even an elementary school child knows better than this.

This same Supreme Court has found that the first part of the amendment does not mean what is says, that it mean nothing. But you and I know better. Few of us are as biased as the conservatives on the Supreme Court are.

So, what does the amendment mean to you? Is it a free-for-all?

4 thoughts on “U. S. Constitution and the Right To Bear Arms”

  1. I loved the post. Please keep up these constitution posts. There is a lot out there that we don’t know because we haven’t read the constitution in many years.

  2. I agree with you, our Supreme Court is effed up. Nobody in their right mind would have put in an amendment to allow every sick dog on the block to stockpile military grade weapons. It’s hard for me to believe that there are really that many people in America who could believe this idiocy.

  3. Rob O’Dell First of all I appreciate that you care enough to help me think with an open mind. I did read the article and since it is deliberately asking me why, I would really love to answer. I would have to agree, I also think it is important not to take things out of context, which is exactly why when I interpret the constitution I try not to just pay attention to the words in the document but also the words of the people who actually created it. I find it really hard to believe how so many people can ignore this and still ”speak in context.” In context to what? Thomas Jefferson said “No free man shall be debarred the use of arms within his own land.” So many people think that the Founding Fathers never intended for the people to have the right to keep or bear arms, however even a casual reading through their works would prove that wrong. You will find quote after quote from people such as Samuel Adams, Thomas Jefferson, Mason, Thomas Paine, George Washington and even James Madison (the father of the 2nd Amendment) and many more that prove that they intentionally envisioned a free man to have the right to bear arms, and as a “essential right” for the protection of our freedom. This wasn’t just essential for defeating the British, but in preventing the rise of a dictatorship again. If you know anything about humanity at all then you know this was a realistic fear and who would have known it better than our own Founding Fathers who broke away from the stronghold of Great Brittan. Just in the past 237 years alone that America has existed there are too many prime examples of evil dictatorships.. Most of the quotes we see about the 2nd Amendment and the constitution, in general, are warnings on how to avoid such a catastrophe from happening again and who will need to prevent it. The People. Understanding first why have a Constitution is critical to understanding The Constitution. If we take a closer look at the text that is written some might ask, for whom is this right to bear arms? May I point out that is for us, the common people. We are the militia. Mason himself said, and I quote, “I ask, sit, what is the militia? It is the whole people, except for a few public officials.” He couldn’t have made it any clearer. He obviously didn’t mean the national guard because that was before his time! In the context of The People guarding themselves from another tyrannical government and protecting our liberties Jefferson quotes, “Governments are instituted among Men, deriving their just powers from consent of the governed. That whenever any form of Government becomes destructive of these ends, it is in the RIGHT OF THE PEOPLE to alter or abolish it.” When studying the 2nd amendment if we look at words “right of the people” within just the parameters of the wording used in the constitution you’ll see that the same language appears in the Fourth, Ninth and Tenth Amendments, and in every single case the courts have ruled that these rights BELONG TO THE PEOPLE. Make no mistake, our Founding Fathers intended and trusted “we the people” to have arms and to use them as a last resort. Also make no mistake that just as history repeats itself a dictatorship can happen again if we let it. So I would have to agree that the world or era may have changed a lot since the writing of the Constitution, but humanity has not. Absolute power still corrupts absolutely.

    1. So, Rob, basically you’re saying:
      1. Ignore the words of the constitution and believe your personal interpretation of select writings of 250 years ago, and
      2. You need a gun so you can overthrow the government when you’ve decided you don’t like them anymore.

      Is that really the crux of your argument? What does your pea shooter give you when OUR government comes in with Black Hawk helicopters? Nothing! Obviously the Second Amendment does not give you guns to overthrow our government.

      You are just flat out wrong on so many levels.

      Let me ask you a serious question. Are you a shill for the NRA or a conservative think tank or do you really believe that stuff?

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