14 Apr 08 Gun Control and the Second Amendment

The second amendment has become a key issue in the presidential campaign.  When listening to both Obama and Clinton, it is very clear that they don’t understand the second amendment.  In reality I think very few people truly understand the purpose and core principals in the second amendment.

As we look at the constitution and it’s ammendments it is very clear that the purpose of the constitution is to set up a goverment that is ultimately still controlled by the people.  It sets out a clear structure for a government where no individual becomes too powerfull and where decision makers are held accountable to the people through elections.  After our basic government structure was set the Bill of Rights was written to ensure that strict limits were placed on the goverment so that the people would continue to keep the control in our goverment.

These rights are :

• First Amendment – Establishment Clause, Free Exercise Clause; freedom of speech, of the press, and of assembly; right to petition

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

• Second Amendment – Right to keep and bear arms.

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.

• Third Amendment – Protection from quartering of troops.

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

• Fourth Amendment – Protection from unreasonable search and seizure.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

• Fifth Amendment – due process, double jeopardy, self-incrimination, eminent domain.

No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

• Sixth Amendment – Trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

• Seventh Amendment – Civil trial by jury.

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.

• Eighth Amendment – Prohibition of excessive bail and cruel and unusual punishment.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

• Ninth Amendment – Protection of rights not specifically enumerated in the Bill of Rights.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

• Tenth Amendment – Powers of states and people.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

 

Why is it so important that the right to bear be in the bill of rights.  Is it so that we can go hunting? Is it so we can defend ourselves?  To me it is clear that neither of these reasons are good enough to be put in the constitution.  Our founding fathers recognized that in countries where arms are not held by the common people it is very easy for that government to fall into military rule.  By keeping the people armed it is possible for states and communities to raise militias to prevent military coos.  It keeps the power with the people.    Knowing this it becomes clear that the people need the right to bear arm for the specific pourpose to defend against the military, either our own or from an invading force.  

 

It is clear based on current and proposed laws that this understanding is nonexistent.  We have a ban on assault rifles, we are trying to limit purchases to one per month.  We are placing strict limitations on handguns.  We are giving the government a registry so they can track who has what weapons.  All of these are specifically weakening the peoples ability to fight against a military force.   It is clear that the people should have the right to possess arms at least equal to those in the possession of our military or foreign militaries.