by Scott Strzelczyk From: RedefineGov.com
--------------------------------------------------------------------------------------------------------------------------
Many people and organizations misconstrue the Bill of Rights including the 2nd amendment. The Constitution does not grant rights. The Bill of Rights does not grant rights. The Constitution specifically defines the powers delegated to the federal government, restrictions on both the federal and state governments (to different and varying extents), and the structure of government. The Bill of Rights were changes — amendments — to the original Constitution and they included further restrictions and declaratory statements regarding the delegated powers and Constitutional construction.
Generally speaking limitations or provisions on a single delegated power are including within the body of the power itself. However, restrictions or limitations that cover all powers or multiple powers are stand-alone. For instance, Article I Section IX clause 3 states “No Bill of Attainder or ex post facto Law shall be passed”. Likewise, clause 5 of the same section states “No Tax or Duty shall be laid on Articles exported from any State.” Note the use of the word shall explicitly prohibits laws of this nature.
In practice, this means that Congress can pass laws that fall within the enumerated powers of Section I Article VIII but that law cannot be a bill of attainder, an ex post facto law, or a law they levies a tax or duty on State exports. The restrictions in Article I Section IX apply to all the powers of Congress, not just a single power. Likewise, the 9th and 10th amendments are ones of construction and apply to the entire Constitution not a single power. Even if Congress passes a law within the enumerated powers of Article I Section VIII, those laws cannot violate the 9th amendment (it wouldn’t violate the 10th amendment if the law indeed fell within the enumerated powers).
The first eight amendments to the Constitution are further restrictions on the federal government. The 2nd amendment does not grant people the right to bear arms. The 2nd amendment FORBIDS the federal government from doing anything to infringe on your unalienable right to self-defense. The last four words in the 2nd amendment are “shall not be infringed“. This means Congress, the Executive, or the Judiciary cannot pass a law, sign an executive order, or adjudicate a case that would result in an infringement of your rights to bear arms, to have ammunition, or accessories for your arms. Even if Congress passed a law regulating the commerce of arms or ammunition it would violate the 2nd amendment just as a ex post facto law would violate the restrictions in Article I Section IX. Moreover, if the amendments to the Constitution were incorporated directly into the body of the Constitution (as many in Congress advocated), the second amendment would have naturally fit into Article I Section IX along side the restrictions on bills of attainder and ex post facto laws.
Most of the founding generation were Englishmen. English history spans many centuries. The primary concern of the founding generation was the rights of Englishmen. This was the basis for the clarion call “no taxation without representation”. The very idea that the colonists could be taxed by King George was insulting because the colonists had absolutely no representation in Parliament. The concept of due process of law wasn’t invented by the colonists. It goes back several centuries to the Magna Carta of 1215. Englishmen had a long history of securing certain rights including due process, trial by jury, etc. That history also applies to the 2nd amendment......
CONTINUE READING--->
--------------------------------------------------------------------------------------------------------------------------
Many people and organizations misconstrue the Bill of Rights including the 2nd amendment. The Constitution does not grant rights. The Bill of Rights does not grant rights. The Constitution specifically defines the powers delegated to the federal government, restrictions on both the federal and state governments (to different and varying extents), and the structure of government. The Bill of Rights were changes — amendments — to the original Constitution and they included further restrictions and declaratory statements regarding the delegated powers and Constitutional construction.Generally speaking limitations or provisions on a single delegated power are including within the body of the power itself. However, restrictions or limitations that cover all powers or multiple powers are stand-alone. For instance, Article I Section IX clause 3 states “No Bill of Attainder or ex post facto Law shall be passed”. Likewise, clause 5 of the same section states “No Tax or Duty shall be laid on Articles exported from any State.” Note the use of the word shall explicitly prohibits laws of this nature.
In practice, this means that Congress can pass laws that fall within the enumerated powers of Section I Article VIII but that law cannot be a bill of attainder, an ex post facto law, or a law they levies a tax or duty on State exports. The restrictions in Article I Section IX apply to all the powers of Congress, not just a single power. Likewise, the 9th and 10th amendments are ones of construction and apply to the entire Constitution not a single power. Even if Congress passes a law within the enumerated powers of Article I Section VIII, those laws cannot violate the 9th amendment (it wouldn’t violate the 10th amendment if the law indeed fell within the enumerated powers).
The first eight amendments to the Constitution are further restrictions on the federal government. The 2nd amendment does not grant people the right to bear arms. The 2nd amendment FORBIDS the federal government from doing anything to infringe on your unalienable right to self-defense. The last four words in the 2nd amendment are “shall not be infringed“. This means Congress, the Executive, or the Judiciary cannot pass a law, sign an executive order, or adjudicate a case that would result in an infringement of your rights to bear arms, to have ammunition, or accessories for your arms. Even if Congress passed a law regulating the commerce of arms or ammunition it would violate the 2nd amendment just as a ex post facto law would violate the restrictions in Article I Section IX. Moreover, if the amendments to the Constitution were incorporated directly into the body of the Constitution (as many in Congress advocated), the second amendment would have naturally fit into Article I Section IX along side the restrictions on bills of attainder and ex post facto laws.
Most of the founding generation were Englishmen. English history spans many centuries. The primary concern of the founding generation was the rights of Englishmen. This was the basis for the clarion call “no taxation without representation”. The very idea that the colonists could be taxed by King George was insulting because the colonists had absolutely no representation in Parliament. The concept of due process of law wasn’t invented by the colonists. It goes back several centuries to the Magna Carta of 1215. Englishmen had a long history of securing certain rights including due process, trial by jury, etc. That history also applies to the 2nd amendment......
CONTINUE READING--->
This comment has been removed by the author.
ReplyDelete