Spring has officially sprung, fellow bikers! While your ever-lovable Grey Beard Biker rides year-round, the 2020 riding season is officially here. Where will 2020 take you? Perhaps to Smoky Mountain Thunder over Memorial Day Weekend? I certainly hope so. It is an amazing event that will make even the toughest biker well up with tears remembering the sacrifices our veterans have made to protect our freedom. We all know that FREEDOM IS NOT FREE!
We all cherish the Second Amendment. It is a very simple sentence:
“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.”
But this single sentence has been perverted by the gun control crowd more than any other sentence in our founding documents.
Our Founding Documents
Before we dive too deep into the Second Amendment, let’s take a look at all of our Founding documents:
- The Declaration of Independence was our original document. It was written primarily by Thomas Jefferson, with input from Benjamin Franklin, John Adams, Robert Livingston and Roger Sherman. This document declared our independence and described what our Founders were striving for: a democratic republic. It would be ratified by the Continental Congress on July 4, 1776.
- The U.S. Constitution was the operating blueprint for the United States. It was officially ratified by all of the states on June 21, 1788 and became the effective rule of the land on March 4, 1789.
- The Bill of Rights was our next founding document and became the first 10 amendments to our U.S. Constitution. After the adoption of our constitution, many of our Founding Fathers were concerned about a lack of protection for the citizens. These Founders were primarily aligned with the Anti-Federalists and included the most outspoken critic of the Federalists, Thomas Jefferson. These wise men wanted protections for the people including freedom of speech, freedom of religion, freedom of assembly and protection against an overarching Federal government. These ten amendments would be drafted on September 25, 1789 and ratified by all states on December 15, 1791.
These amendments obviously included the Second – which we freedom lovers cherish. Over the years, there have been continuous attacks on the Second Amendment by those who wish to limit our ability to “keep and bear arms.” The biggest being the Assault Weapons Ban of 1994 – a law which fortunately expired after 10 years of doing nothing to prevent violent crime with firearms. But the calls for new assault weapon bans continue along with other proposed legislation including: Universal background checks, restrictions in magazine capacity, banning of all semiautomatic firearms and gun registries. The biggest fallback fallacy of those wanting to take away our freedoms is, “the founders never envisioned modern weapons.” Or, “it only applies to the militia” – which they falsely claim to be our National Guard. This is all a bunch of hooey. Every single one of the Bill of Rights speaks to individual rights, with the exception of the Tenth Amendment – which provides that all rights not reserved to the Federal Government are reserved to the states.
Federalist No. 46
The Federalist Papers were written by three of the Founding Fathers: John Jay, Alexander Hamilton and James Madison. These essays were originally written anonymously under the pseudonym, Publius, and were used as a way for these Founders to speak directly to the “People” – before the ratification of our Constitution.
Federalist No. 46 was written by James Madison and spoke to the “right to keep and bear arms.” Keep in mind this was before the ratification of the Constitution and the Bill of Rights. Some of the key portions of No. 46 are:
With regards to our right to bear arms, Madison writes, “The highest number to which, according to the best computation, a standing army can be carried in any country, does not exceed one hundredth part of the whole number of souls; or one twenty-fifth part of the number able to bear arms. This proportion would not yield, in the United States; an army of more than twenty-five or thirty thousand men. To these would be opposed a militia amounting to near half a million of citizens with arms in their hands, officered by men chosen from among themselves, fighting for their common liberties, and conducted by governments (states) possessing their affections and confidence.” Madison continues, “Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments (states), to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government (Federal government) of any form can admit of.”
So, what does this all mean? First, the citizens of the United States are the last protection against any enemy, foreign or domestic. Domestic? Yes! Madison, and all of the Founders, recognized that a strong central government, with an ambition to force its will on her people, is dangerous to all God Given rights. Including speech, the press, assembly and the right to a speedy trial. Second, Madison recognized that these God Given rights are not given by the government. This includes the right to protect yourself. Someone attacking you is wanting to take away your rights to everything outlined in the Bill of Rights – with the exception of the Tenth Amendment. So, the next time a gun grabber tells you that you don’t need a gun, confidently tell them that it’s the Bill of Rights – which includes your right to live how you choose and protect yourself.
The Grey Beard Biker™️
@Biker4Life on Gab
In light of the recent ruling (6/3/21 ) by Federal judge Roger Benitez overturning a California firearms ban on assault weapons where he ruled it violates the Constitutional right to bear arms, his words, referring to the Second Amendment, I have a suggestion. In my thesis regarding the Second Amendment I think it will prove his ruling right to bear arms” has everything to do with a “militia” and nothing to do with a “person” or individual, which the following will suggest..
Justice Amy Coney Barrett Second Amendment dilemma
In some 225 years neither law professors, academic scholars, teachers, students, lawyers or congressional legislators after much debate have not been able to satisfactorily explain or demonstrate the Framers intended purpose of Second Amendment of the Constitution. I had taken up that challenge allowing Supreme Court Justice Amy Coney Barrett’s dilemma to understand the true intent of the Second Amendment.
I will relate further by demonstration, the intent of the Framers, my understanding using the associated wording to explain. The Second Amendment states, “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.”
Militia, a body of citizens organized for military service.
If, as some may argue, the Second Amendment’s “militia” meaning is that every person has a right to keep and bear arms, the only way to describe ones right as a private individual is not as a “militia” but as a “person.” (The individual personality of a human being: self)
The 4th Amendment reminds us, “The right of the people to be secure in their persons….”
The Article of Confederation lists eleven (11) references to“person/s.” The Constitution lists “person” or “persons” 49 times to explicitly describe, clarify and mandate a constitutional legal standing as to a “person” his or her constitutional duty and rights, what he or she can do or not do.
It’s not enough to just say “person/s” is mentioned in the United States Constitution 49 times, but to see it for yourself (forgo listing), and the realization was for the concern envisioned by the Framers that every person be secure in these rights explicitly spelled out, referenced and understood how these rights were to be applied to that “person.”
Whereas, in the Second Amendment any reference to “person” is not to be found. Was there a reason? Which leaves the obvious question, why did the Framers use the noun “person/s” as liberally as they did throughout the Constitution 49 times and not apply this understanding to explicitly convey the same legal standard in defining an individual “persons” right to bear arms as a person?
Justice Amy Coney Barrett dissent in Barr v Kanter (2019) Second Amendment argument acquiesced to 42 references to “person/s, of which 13 characterize either a gun or firearm. Her Second Amendment, “textualism” approach having zero reference to “person/s. Justice Barrett’s view only recognizes “person/s” in Barr, as well in her many other 7th circuit rulings. It is her refusal to acknowledge, recognize or connect the U.S. Constitution benchmark legislative interpretive precept language of “person/s,” mandated in our Constitution 49 times, to the Second Amendment.
Leaving Supreme Court Justice Barrett’s judgment in question.
In the entire U.S. Constitution “militia” is mentioned 5 times. In these references there is no mention of “person” or “persons.” One reference to “people” in the Second Amendment. People, meaning not a person but persons in describing militia.
Now comes the word “shall” mentioned in the Constitution 100 times. SHALL; ought to, must ..
And interestingly, the word “shall” appears in the Second Amendment. “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, and shall not be infringed.”
“[S]hall not be infringed.” Adding another word “infringed” to clarify any misunderstanding as to the intent of the Second Amendment. Infringe. To encroach upon in a way that violates law or the rights of another;
The condition “Infringe” has put a stop as to any counter thoughts regarding the Second Amendment, as you shall not infringe or encroach on beliefs other to what is evident as to the subject “Militia.”
Clarifying “..the right of the people to keep and bear arms…
People. Human beings making up a group or assembly or linked by a common interest.
I am not against guns, everybody has them. I’m against using the Second Amendment illogically as a crutch. If it makes those feel better so be it. Just what it deserves, use it with a wink.
William Heino Sr