From: The Desk of Mark Alexander
The Second Amendment’s assurance of the right, nay, the responsibility to own and carry firearms, with the attendant proscription against government infringement of that right, is our most essential reassurance of self defense, national defense and defense of our Constitution from “enemies, domestic and abroad.”
Justice Joseph Story, appointed to the Supreme Court by James Madison (our Constitution’s principal author), wrote in his “Commentaries on the Constitution of the United States” (1833), “The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of the republic; since it offers a strong moral check against usurpation and arbitrary power of the rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them”. . . .
The Bill of Rights was adopted in 1791 after great disagreement on whether the enumeration of such rights was even required. Alexander Hamilton aptly summed up the basis for this disagreement in Federalist No. 84: “I go further, and affirm that bills of rights, in the sense and to the extent in which they are contended for, are not only unnecessary in the proposed Constitution, but would even be dangerous. … For why declare that things shall not be done which there is no power to do?”
Indeed, read in context, the Bill of Rights is an affirmation of innate individual rights, of Natural Rights as noted by Thomas Jefferson in the Declaration of Independence: “[All men] are endowed by their Creator with certain inalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” The Bill of Rights, then, is a clear delineation of constraints upon the central government in regard to infringement of those rights. . . .
These rights were enumerated, according to those who favored inclusion, in order to explicitly recount the rights of “the people,” as noted in the Bill of Rights Preamble (yes, it has one): “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, that further declaratory and restrictive clauses should be added…”
In other words, our Founders argued that they enumerated both “declaratory and restrictive clauses” in order to “prevent misconstruction or abuse of [central government] powers” that would infringe on the inherent rights of the people. . . .
Are we so steeped in the errant notion that our rights are a gift from government that we no longer subscribe to the plain language of our Constitution based on the inalienable rights of man? Has the temperature been turned up so slowly over the last eight decades, so incrementally, that when we finally feel the heat, it will be too late for us to jump, like frogs, out of the pot?
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