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Shall Not Be Infringed, My View on 2A

Due to recent events, I have been asked as a right of center advocate, if my view on guns has changed.   My response was, it has, but not ...

Friday, April 27, 2018

Shall Not Be Infringed, My View on 2A


Due to recent events, I have been asked as a right of center advocate, if my view on guns has changed.  My response was, it has, but not how you think.  In my case it solidified my advocacy of our second amendment and has caused me to consider nationwide constitutional carry and concealed carry as an option.  But in conversation, people just don’t get why.  You see, I don’t need guns for hunting or sport shooting, those are fun uses for guns, to ensure education and proficiency, but my right to bear arms has other meanings for me.    

In our Declaration of Independence, it is written,

That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.

Henceforth, we abolished the British colonial government and rule of the monarchy of Britain to establish our own Federal Republic with a Constitution that affords us a number of rights as citizens.  That Declaration, along with the Preamble of our Constitution afford us “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”.  Because of that, the Federal Republic is tasked to “establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity.” As citizens, it is also our civic duty to vote, because the government derives their just powers from the people who allow them to serve.

Those two documents were meant to protect this republic from despotism, which is a form of government in which a single entity rules with absolute power.  The entity can take different forms such as an individual, the despot or dictator, or an entity which puts the power into the hands of small or elite group.  The intent of the two documents working together allow for a check and balance between the state and the constituency, similar to the Checks and Balances existing between the branches of government as established in the Constitution.  Whereas it is the right of the people to alter or abolish a government, should it no longer fit within the due bounds of those documents, but that right is not to be exercised lightly. 
To do that, the constituency has the right to hold office and to vote.  To elect representatives to work on behalf of that constituency in order to provide all that is established in the documents which created our nation.  If you don’t like something, you in essence vote against it, vote out the representative out who supported it or run for office to actively work to change it yourself. 

Why?  Because that is in the rules, so to speak.  Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes”, so to deal with the normal every day matters of our nation, we have that check, our elections.  It is the normal way in which we do business with a well-established government which holds up its end of the bargain as written in those documents. 

But what is the balance?  We know that the Constitution establishes justice and provides for the common defense.  This alludes to the creation of laws, law enforcement and armed forces, all giving that government power and authority.  We also know that with great power comes great responsibility, but that power also has the ability to corrupt.  We see this all too often in the world today.  1930s Germany, North Korea, Cuba, Venezuela are some examples of how well established governments became corrupted by power.  In some cases, the line blurred or disappeared between establishing Justice and defense.  Those two powers assimilated to become one and the same.  But, “there’s a reason you separate the military and the police.  One fights the enemies of the State and the other serves and protects the people.  When the military becomes both, then the enemies of the state tend to become the people.”  The same can be true in modern society when the police become militarized and they look at everyday “civilians” with suspect and fear.  The evolution could lead to the usurpation of power from the people and placed into the hands of a despotism.  The result is a government, no longer adhering to the tenets of our sacred documents, no longer keeping its end of the bargain and no longer able to be altered by normal means. 
So what is that balance?  Our founding fathers saw what existed in the British Empire of the time and wanted to ensure that it would not happen in the New World.  To ensure that balance, they established the Second Amendment which allows for “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”. 

A Militia?  Doesn’t that just mean Army?  No. 

According to Oxford, a militia can be “A military force that is raised from the civil population to supplement a regular army in an emergency.” But it can also mean, “A military force that engages in rebel or terrorist activities in opposition to a regular army.” Finally, it can also mean, “all able-bodied civilians eligible by law for military service”.

We need to consider that the Constitution was written in 1789 and the amendment in 1791, We also know that the Regular Continental Army was small and it needed regiments of men who were armed civilians to gather for some light training and to supplement the continental army against our enemy of the time.  In this case, the meaning of militia met all three definitions.  It was all abled bodied Colonial civilian men who were raised from the population to supplement the Continental Army by engaging in rebellious activities in opposition to the Regular Army of the existing well established government of the British Empire.

Why? to abolish that despotic government, and to institute the new Colonial American Government.  Thus the balance was written in to the Constitution of the United States, to protect the constituency of the colonies, and their posterity, should the established government ever become corrupted and no longer hold up its end of the agreement.  The right of the people to keep and bear arms shall not be infringed was created so that the posterity of the colonists would never have to worry about despotism and should it happen, they were given the means to abolish it.  But that is also not the only reason.

Our nation is under attack and the police are like the Continental Army, overwhelmed, understaffed and in many cases, have their hands tied by over-regulation.  We are faced with radical Islamic terrorism, gang violence (domestic terrorism) and radical political extremism in our lives.  All with the propensity for violence, as noted in recent events.  As part of a well regulated militia (able bodied American veteran able to serve and supplement) I can assist in providing for the defense of my property and family against those that wish to do harm.  As noted by Fox News on the 6th of June, armed home owners were able to subdue, alive, two notorious and dangerous escaped prisoners in Tennessee, the right to bear arms can have a positive impact if that right is wielded responsibly. 

Of Course there are those who will not wield that power responsibly, but taking that right away will not stop the “bad guys” from doing harm as has also been noted in recent events.  The use of Cars, explosives, trucks and knives as weapons of terror or radical extremism has been noted in the news over the past year.  We also know that illegal and clandestinely obtained firearms are always available to those who will not abide by that “well regulated” aspect of the amendment.  These exceptions will always have to be dealt with, not matter how much we restrict any right by regulation.  There are those who believe regulations just to not apply to them. 

We need to be responsible and we do need to have some forms of regulation to abide by the “well regulated” stipulation on our right, but I also believe that our right must not be limited or removed so that it is not afforded in accordance with the intent of the amendment, which means, it shall not be infringed.  In closing, my belief has not changed, my resolve has been made stronger in my belief that the second amendment is needed now more than ever before.  I also hope that we can preserve that right, as did our forefathers, so that our posterity can enjoy those same rights and freedoms that our checks and balances provide to us as a Federal Republic with a Constitution written by the people and for the people.