Which One of these Rights is Not Like the Other?Leave a comment
October 7, 2017 by JImbo
The “Gun Control” debate boils down to a faulty reading of the Constitution by people who want to ignore the Bill of Rights due to fear. I’m not trying to insult anyone on this, but the logic is so simple that it must be blind fear that makes people misread it.
It’s just one sentence, so the amount of confusion on it is simply astounding.
“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.”
It’s not complicated. Yes it’s a passive sentence but English 101 aside it makes perfect sense. In modern English it says “we need a strong military, so people shouldn’t be limited in what weapons they can have.”
It does NOT say the STATE or GOVERNMENT can have guns. That’s ridiculous. There is already a part of the Constitution talking about an Army and Navy.
In fact, the whole argument that this has ANYTHING to do with the government is inherently flawed. The Bill of Rights (first ten Amendments to the US Constitution) are ALL focused on the rights of the INDIVIDUAL.
Why wouldn’t the 2nd Amendment be about the rights of the individual too? Can you imagine any of the OTHER amendments in the Bill of Rights being about the “right of the government?”
Let’s have some fun and go through the Bill of Rights. Which of these applies to the government?
The Bill of Rights – Full Text
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.
(So does this mean the STATE has freedom to worship? Or the individual? Does the government get to sue itself? Yes, this is an INDIVIDUAL RIGHT.)
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.
(Notice no mention of “government” control just the concept of national defense. Also no mention of hunting or sports.)
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.
(So….since homes are owned by individuals, I’m guessing this is an individual right.)
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.
(Again with houses, persons and personal effects… so an individual right)
No person shall be held to answer for a 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 offense 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.
(This one is pretty clear…. every single person has this right, not the government)
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 wherein 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.
(The “accused” is an individual with rights)
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 reexamined in any court of the United States, than according to the rules of the common law.
(Pretty sure again it’s a civil suit… so that means two private individuals, government not involved…)
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
(Who is paying bail and shouldn’t be tortured? Well you can’t torture a country…only individual people)
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
(So in other words… individuals have MORE rights than this but there’s too many to list…)
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.
(And here we go… people have every right not SPECIFICALLY given to the States or Feds.)
So, in summary EVERY right in the bill of Rights refers to the rights of an INDIVIDUAL, not a government. Therefore, the argument that the 2nd Amendment means a “State Militia” is false. I could go back and quote the actual draftees of the Constitutional amendments (such as George Mason on the 2nd Amendment), but it’s patently obvious without Mr. Mason having to explain it. All you have to do is read the Constitution in plain English.
The only way to POSSIBLY try to read it otherwise is to pretend that the individual doesn’t exist as an independent entity (the Socialist mindset) and that people are just tools of the government.
In that way of thinking, then EVERYTHING the individual does is at the generosity of the government. For example you have a right to worship…if the government says so. You have a right to privacy… if the government says so.
Those are however PRIVILEGES of group membership, and not RIGHTS. To understand the US Constitution you have to realize that RIGHTS are innate to the individual.They are NOT granted by the government as a generous gift.
It’s kinda made obvious by the Founders in the Declaration of Independence.
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.”
So, from this three things are abundantly clear:
1) It’s clear that RIGHTS must be possessed by the individual FIRST and ALWAYS.
2) Every RIGHT in the Bill of Rights refers to the INDIVIDUAL.
3) Therefore, the 2nd Amendment cannot refer to the State Militia.
It doesn’t take a Political Scientist.
It doesn’t take a Constitutional scholar.
It doesn’t take a professional Historian.
All it requires actually READING the Bill of Rights and knowing what words mean.