April 17, 2007

What do these have in common?

Let's take a look at a few important Amendments to the Constitution, and most notably the 2nd.

Amendment I
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.

Amendment II
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.

Amendment IV
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.

They all say "Right of the People". The Constitution was written to limit government powers. The Amendments were written to lay out certain civil liberties that the government cannot take away.

People who love the Constitution (minus the 2nd Amendment) say that the 2nd Amendment was written back when we had to have a standing militia to protect against foreign tyranny.

Well, if that is the case, then why doesn't it expressly say it? Also, then you would have to assume if the 2nd Amendment was conditional on a standing militia (prohibited by law). And according to US law, we are all members of the unoffical militia.

Title 10 U.S.C. 311. Militia: composition and classes

(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

(b) The classes of the militia are -

(1) the organized militia, which consists of the National Guard and the Naval Militia; and

(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

Getting back to the "conditional" argument of the retractors of the 2nd Amendments. If the 2nd Amendment was written soley because of a British threat, then wouldn't the 1st, 3rd, and all others be so too?

You can't have one without the other. You can't be a defender of the Constitution, but refuse to acknowledge the 2nd Amendment. It is not cafeteria style. It is all or nothing.

Sources
Barefootsworld
Cornell Law

Posted by psugrad98 at April 17, 2007 09:40 AM | TrackBack
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