A Discussion of the 2 nd Amendment to the U.S. Constitution

1. A Discussion of the 2nd Amendmentto the U.S. Constitution

2. A Discussion of the 2nd Amendmentto the U.S. Constitution What does it even mean?

3. First, what is the Bill of Rights? From Wikipedia… “The Bill of Rights is the collective* name for the first ten amendments to the United States Constitution, a document which limits the power of the U.S. federal government. These limitations serve to […affirm, and thus…] protect the natural rights of liberty and property including freedoms of religion, speech, a free press, free assembly, and free association, as well as the right to keep and bear arms….” *That’s the ONLY thing “collective” about them; our rights are NOT “collective!”

4. The purpose of the U.S. Bill of Rightswas and is NOT, in fact, to grant these enumerated rights to U.S. citizens! Clearly, our citizens already had these rights!

5. Again, the Bill of Rights thus, indisputably, restricts the power of the government and NOT the people! (The Bill of Rights also doesn’t establish the militia either!) The unambiguous purpose of the Bill of Rights was to affirm the inalienable rights ALREADY assured ALL human beings! (…and granted by God!!)

6. “….And yet the same revolutionary beliefs for which our forebears fought are still at issue around the globe -- the belief that the rights of man come not from the generosity of the state, but from the hand of God….”John F. Kennedy’s Inaugural AddressJanuary 20, 1960

7. Let’s examine what the authors and founders meant when they created the 2ND Amendment to the Bill of Rights! Before we do, note the following… “The first and governing maxim in the interpretation of a statute is to discover the meaning of those who made it.” James Wilson, an original Supreme Court Justice (This means: Do not spin your “interpretation“ to fit your political agenda, or to suit your pals!)

8. The Second Amendment: “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.” What does this mean?

9. NOTE: First, we must define militia, given that the primary ploy used by 2nd Amendment revisionists is to purposely pervert the definition of the “militia!” They do this to misrepresent the right to keep and bear arms as a “collective” rather than individual right, even though that position is entirely inconsistent with the clear intent of the entire Bill of Rights that points to individuals! So it’s critical to make clear what the authors meant by the militia!

10. What is the militia? "A militia, when properly formed, are in fact the people themselves... and include all men capable of bearing arms." Richard Henry Lee, signer of the U.S. Declaration of Independence

11. SIMPLE FACT: The militia is NOT the same as the “military” that provides arms to its soldiers. (which includes the National Guard!) The militia is an armed entity only because it is comprised of armed civilian citizens. This was only possible because our citizens have the inalienable right to keep and bear arms to protect themselves and their families from harm, thus making forming up the militia when needed possible! Citizens did NOT become armed because of the militia; the militia is an armed force because our citizens, who can own and do bear arms! And they did not even fight the same way as the military!

12. Also, personnel in the military almost invariably wear standard, issued uniforms Militia personnel virtually without exception do NOT wear uniforms! These private citizens typically wear their own clothing!

13. ANOTHER SIMPLE FACT: Further, this reference to the “militia” was only added to the 2nd Amendment after much discussion and after several early versions which did not even mention it! During the 1788 ratification debates, the fear that the federal government would disarm the people in order to impose rule through a standing army or select militia was pervasive in Antifederalist rhetoric! I.e., they did not want any wording that would lead to infringement of the basic inalienable and personal right to keep and bear arms. They KNEW what the anti-gunners would try to do!!

14. Thus, both Federalists and Antifederalists alike agreed during the ratification process that the right to keep and bear arms was fundamental to the newly formed system of government, and not derived from the need for the United States to have a militia. ALL this was and is clearly and unambiguously documented, so there is no excuse for anyone to misunderstand this!

15. In fact, the militia reference was included because of the pivotal contributions our militia made to the Revolutionary cause, since the British military, with its adherence to Napoleonic tactics, was hard-pressed to deal with the guerilla-like tactics of a properly-utilized militia! (e.g., during the pivotal Battle of Cowpens) Clearly, the purpose of the 2nd Amendment is not to somehow “establish,” the militia as revisionists also unhesitatingly and disengenously claim. That issue, in fact, is specifically addressed elsewhere in the U.S. Constitution

16. There is also no basis in the claim that the meaning or purpose of the Second Amendment changes over time, or somehow depends on whether or not the services of the militia are needed at the time or not! In fact, the idea behind the militia is that it can be mobilized quickly any time it’s needed! (And no one can predict when that might be!)

17. And if change to our Constitution is needed, the process for amending it is also clearly and unambiguously defined! And it is an open DEMOCRATIC process! (Which may be a big problem for some!)

18. In fact, WWII Japanese Admiral Yamamoto knew damn well what is meant by “The Militia!”

19. The statement that the militia shallconsist of all able-bodied…persons is also embodied in most state constitutions, in original versions and updates, viz.,Alabama, Arkansas, Colorado, Florida, GeorgiaIdaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Main, Maryland, Michigan, Mississipi, Missouri, Montana, New York, North Carolina, North Dakota, Ohio, Oregon, South Carolina, South Dakota, Utah, Virginia, Washington, and Wyoming.

20. Now that the authors’ meaning of “militia” is clear, does the 2nd Amendment affirm individual rights, or is it still somehow restricted to some sort of collective rights?

21. “[T]he said Constitution [should] be never construed…to prevent the people of the United States, who are peaceable citizens, from keeping their own arms.” Samuel Adams, signer of the Declaration, “Father of the American Revolution”

22. “The right of self-defence is the first law of nature: in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Wherever…the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.” from Blackstone’s Commentaries St. George Tucker, a leader of the 1786 Annapolis Convention that led to the convening to the Constitutional Convention, law professor in the college of William & Mary, justice on the VA Supreme Court and federal judge under James Madison.

23. “The right…of bearing arms…is declared to be inherent in the people.” Fisher Ames, a framer of the Second Amendment in the First Congress.

24. “The great object is that every man be armed…. every one who is able may have a gun. But we have not learned by experience that, necessary as it is to have arms, …it is still far from not being the case.” Patrick Henry, Governor, patriot, leader

25. “No [citizen] shall be debarred the use of arms within his own lands.” Thomas Jefferson, U.S. President, signer of the Declaration of Independence

26. “To preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use them.” Richard Henry Lee, signer of the Declaration, and a framer of the Second Amendment

27. The Dred Scott Decision In the 1856 Supreme Court decision Dred Scott v. Sandford, the majority opinion cautioned that if negroes were given the full rights of citizenship, they would [God forbid!] be “…entitled to the privileges and immunities of citizens… and…would exempt them from the operation of the special laws …” The Court majority also warned that “….it would give them the full liberty of speech in public and in private upon all subjects upon which its own citizens might speak; to hold public meetings upon political affairs, and to keep and carry arms wherever they went!” The Court denied Black folks arms by denying them citizenship!

28. The First Gun Control Laws in the United States Following “The War of Northern Aggression,” (Civil War) Democrats in the South passed laws to severely restrict the rights of its Black citizens. Thus, the first gun control laws in the U.S. were actually Jim Crow laws specifically implemented to keep Black folks from protecting themselves and their families from harm. In particular, the harm came in the form of very bad guys in white sheets, who were the enforcement arm of the Democratic party!

29. With the Civil War ending, the question of the rights of freed slaves to carry arms and to belong to militia came to the attention of the Federal courts. In response to the problems freed slaves faced in the Southern states, the 14th Amendment was drafted to protect the rights of ALL citizens by keeping Southern Democrats from making laws targeting our Black citizens! 100% of the Democrats in Congress voted AGAINST it!

30. Representative John Armor Bingham of Ohio was the principal framer of the 14th Amendment. When the amendment was drafted, Rep. Bingham used the Court's own phrase "privileges and immunities of citizens" to include the first eight Amendments of the Bill of Rights under its protection and guard these rights against state legislation.The debate in the Congress on the 14th Amendment after the Civil War also concentrated on what the Southern States were doing to harm the newly freed slaves. One particular concern was the disarming of former slaves.

31. Bingham, by the way, also made it very clear at the time that the 14th Amendment did NOT confer birthright citizenship on anyone born in the United States, but only to children of parents subject to our laws, i.e., who were U.S. citizens, and NOT of persons who were merely visiting our country! (Get it?)

32. Union veterans Col. William C. Church & Gen. George Wingate formed the, NRA, National Rifle Association in 1871, originally as an organization with a goal to improve citizen marksmanship, given that the typical Union soldier was a lousy shot! Civil War Gen. Ambrose Burnside, who was also the former governor of Rhode Island and a U.S. Senator, became the fledgling NRA's first president. Recent members include John F. Kennedy.

33. The meaning of the 2nd Amendment as an individual right did not begin to get challenged until well into the 20th century, more than 150 years after the Bill of Rights was adopted. It was this change that motivated the membership of the NRA to have the organization take up the battle protecting the 2nd Amendment rights of our citizens, thus becoming the oldest civil rights organization in the United States!

34. Most creatures on earth can and do protect themselves and their offspring, and often fellow members of their species, from harm by predators Why then are humans granted less “rights” than animals to protect themselves?

35. SAD FACT: Mankind is the ONLY creature on this earth that denies fellow members of its own speciesthe right to defend their own lives and that of their families, including their offspring, from predators! Why? Because it’s not really about guns, it’s actually all about control!

36. Expertsagree! Hitler Qaddafi Mao Stalin Castro Pol Pot Kim Jong Mentally Ill Idi Amin Universal gun control does work… (to help control the subjects!)

37. …ALL experts in Gun Control! Although some try it in the U.S. through end-around games or by the back door, instead of direct confiscation, e.g., through U.N. “treaties” or by trafficking guns into the hands of criminals, i.e., Mexican drug gangs, such as in the “Fast and Furious” scheme to blame gang shootings in Mexico on U.S. gun dealers and “lax” U.S. gun laws! (Two U.S. Federal officers and over 200 Mexicans have been murdered as a result of this scheme!)

38. Despite misleading government claims that allege that “…90% of the guns recovered by Mexican authorities from drug gangs were traced to U.S. gun stores and sold due to ‘lax’ U.S. gun laws”, in fact, almost 90% of the recovered weapons were real military hardware and came from international sources, & Mexican military and police, NOT “U.S. gun stores!” With unlimited funds available, Mexican druglords do not need to send straw buyers to our gun stores to buy weapons!

39. Of the 11-12% of the recovered guns that were traced, almost 90% were, in fact, trafficked into Mexico under a program planned and run by the U.S. Bureau of Alcohol, Tobacco and Firearms, AKA, USBATF, which was, in turn, directed to do so by the U.S. Justice Department! This is the program known as “Fast and Furious!” The response of the Eric Holder and his “Department of Justice” has been to STONEWALL any Congressional investigation of this mess!

40. Sadly, it took a landmark civil rights case before the U.S. Supreme Court to reaffirm that the individual’s right of our citizens to keep and bear arms, for traditionally lawful purposes (such as in self-defense within the home) in federal enclaves (D.C.) ; and that it is not merely a collective right granted members of the militia. District of Columbia v. Heller, 554 U.S. 570 (2008)

41. In another landmark decision, the U.S. Supreme Court determined that the 2nd Amendment applies to the individual states. The Court held that the right of an individual to "keep and bear arms" protected by the Second Amendment is incorporated by the due process clause of the 14th Amendment and, thus, applies to the states. The decision cleared up the uncertainty left after District of Columbia v. Heller as to the scope of gun rights in regard to the states. McDonald v. Chicago, 561 U.S. 3025, 130 S.Ct. 3020 (2010),

42. Sadly, both of these critical decisions were 5 to 4. In other words, four of the nine justices in each of these two cases failed (or refused) to grasp or understand the plain language of the Bill of Rights, the history behind these amendments, as well as the well-documented intent of the framers and authors of our Constitution

43. In reality, if a U.S. Supreme Court Justice does not “see” that the Second Amendment is, and has been, considered an INDIVIDUAL right, they have not done their homeworkand deserve an “F” for a grade of their competence! They’ve also failed the eye test!

44. Why is self-protection necessary? When you call them, the police will arrive in minutes…when seconds count!!

45. FACT #1: The U.S. Supreme Court has already ruled that the police have NO obligation to protect U.S. citizens!FACT #2: About 99.9% of the time, the police will arrive after the crime has occurred. (to deal with what the criminals DID!) And in the case of mass shootings like Columbine, they will NOT enter the scene until it’s clear that it’s safe for the police! Typically they take an HOUR before they even enter. In other words….you are really on your own!

46. Fact #3: About 65 million armed U.S. citizens who own hundreds of million guns, and who commit absolutely no crimes at all! Fact #4: It’s the BAD guys we have to worry about!

47. A Tale of Two Cities: Thousands of U.S. citizens legally own and carry thousands of handguns in El Paso, Texas. The city averages only five (5) murders a year! Just across the border in Jaurez, Mexico, it’s virtually IMPOSSIBLE for private citizens to legally purchase or own a handgun. The typical murder rate in that city is well over 2000 a year. Again, it’s the BAD guys we have to worry about!

48. Fact #5 Virtually all mass shootings in the U.S.: Luby’s Cafeteria in Killeen TX, Virginia Tech, several post offices, McDonalds in San Ysidro, CA; Columbine High School, Cleveland Elementary School in Stockton CA, Red Lake Senior High School, Binghamton NY Immigrant Community Center, Ecole Polytechnique (Canada), Ft. Hood, Killeen TX…. ALL took place in statutory “gun-free” zones, which are really virtual “Shooting Galleries” filled with helpless targets for the criminals to gun down!

49. Criminals are NOT deterred by “Gun Free Zone” signs! Violating the law is what criminals do!!! SURPRISE!

50. But NO SHOOTINGS have occurred at any NRA conventions, gun shows, etc.! In fact, crime dropped virtually to zero in the entire city of Charlotte, NC when the NRA held its 2010 annual convention there! Crime has dropped in N.C. by over 37% since shall-issue concealed carry was made the law in the state. Anti-gunners were able to get parks and rec areas, etc. off limits to concealed carry. Not surprisingly, the crime rate in these areas has NOT dropped as with the rest of the state