Saturday, April 24, 2010

Do you really support the Second Amendment?

When anyone says will I support the Second Amendment but…they are really saying that they do not in fact support the Second Amendment because the Second Amendment is unconditional not like the other rights.

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.

Here we have Amendment I, show me where it says that no one can restrict any of these rights? It plainly says “Congress shall not”, putting a restriction on a given federal government body “the Congress”. No restrictions on the state at all so we had to have a 14th Amendment to stop states from enacting laws denying the rights as recognized by our First Amendment.

Contrary to popular opinion the right to yell fire in a crowded theater is not a federal law, restriction nor even a mandate. But comes from state laws not actually restricting the actual speech but rather placing consequences for the words you utter that may cause harm to body or reputation (slander) of persons. Even here we must still use due process of law before we can find someone guilty of an offence of free speech, or any of the listed rights in the First Amendment.

Passed by Congress June 13, 1866. Ratified July 9, 1868.

Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th amendment.

Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

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.

The Second Amendment has no restrictions place on it, as does the First Amendment. It clearly states, “Shall not be infringed”, this alone is the most powerful statement in the whole of the Second Amendment. It does not say shall not be infringed “except”, it does not say shall not be infringed by Congress, nor just the brady bunch. It says “shall not be infringed” clearly restricting any infringement by anyone, except through due process of law.

The Second Amendment needs no protection of the 14th Amendment because it is automatically incorporated to any and all governing bodies. The Bill of Rights was created to restrict government from violating the listed rights and this included all forms of government in the USA unless specified other wise as is in the First Amendment.

Due process of law was always held to mean until sentence was served in full then all rights were restored fully. In the middle of the 20th century we seen the advent of new meanings calling some violations of law to be felony’s and the restrictions of life time punishment for the felony’s to continue well after the time was served.

Today we see some rights restored by the courts except the Second Amendment. Very few have ever had their Second Amendment rights restored even after a court ruled in their favor. The BATFU still holds the right to deny you the Second Amendment rights regardless if a court rules to give it back to you.

It was never once a felon always a felon, until the middle of the 20th century and the need of socialists to control the people of this country and for them to decide what rights you should have. Then we saw the corruption of the meaning and miss-interpretation of the wording of the rights so they could get people to believe it was all wrong for 200 years.

Then we saw the adding of some laws as felons this continued until today where almost everything is a felony, or can be made into a felony for convenience. The rights everyone had is slowly being eroded to a point where most people just shrug their shoulders and say it does not effect me or there is nothing I can do about it. Removing a right is simple today sense most people will not band together and stop it.

If you say, “I support the Second Amendment except,” you are leading more credence to the division of our power to stop further restrictions on rights. Once rights are gone it takes spilling of blood and/or dam near a miracle to get them back.