Though it’s doubtful anyone will hear much about it, neither lawmakers, judges, or even a president has the constitutional authority to infringe upon the inalienable right of the American people to keep and bear arms.
One hundred thirty eight years ago, the Supreme Court wrote that the right to keep and bear arms “…is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence.”
The case was United States v. Cruikshank; and the Court made it clear that the right to keep and bear arms is an inalienable right, God-given and independent of any mandatory approbation by men or their laws for its force and legitimacy.
The Founders were so certain as to the absolute nature of these inalienable rights in the Bill of Rights that Alexander Hamilton suggested in Federalist No. 84 that it was unnecessary even to make them a part of the written Constitution. “For why declare that things shall not be done which there is no power to do,” he wrote, clear in his assertion that men have no authority to meddle with rights deriving from God and nature.
All these years later, the Court has not changed its attitude about the inalienable rights of the American people. In the majority opinion of D.C. v Heller, the Court states that the 2nd Amendment “codifies” the pre-existing right to keep and bear arms; it does not “give” us that right. “[I]t has always been widely understood that the Second Amendment, like the First and Fourth Amendments, codified a pre-existing right. The very text of the Second Amendment implicitly recognizes the pre-existence of the right and declares only that it “shall not be infringed.”
For more of the article go to: http://www.westernjournalism.com/its-time-patriots-declare-victory-in-the-2nd-amendment-war/
No comments:
Post a Comment