One of the most fiercely debated aspects of the United States Constitution is the Second Amendment, which recognizes and protects the inviolable right to keep and bear arms. Across the nation, opinions diverge on what this amendment truly means and how it should be interpreted in today’s society. To fully understand the significance of the Second Amendment, we must delve into its historical underpinnings. Drafted in 1791 as part of the federal Bill of Rights, 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.”
The Founding Fathers incorporated this powerful statement in response to their experiences during both pre-Revolutionary British rule and their fight for independence. Bearing arms was seen as a crucial safeguard against tyranny and a means for citizens to protect themselves, their communities, and eventually their nation. State militias always existed, but the national Militia did not previously exist until the adoption of the federal Constitution.
“Congress has exercised this authority, by authorizing the president to call forth the militia, in the cases mentioned in the constitution, and inflicting penalties on those who disobey the call.Whenever a draft is made, the persons drafted are immediately, and to all intents and purposes, in the service of the United States, and from that moment, all state authority over them ceases. The power to govern the militia, thus called forth, and employed in the service of the United States, is exclusively in the national government. A national militia grew out of the federal constitution, and did not previously exist.” Houston v. Moore, 18 U.S. 1, 5 (1820)
The Second Amendment is a prohibition against the national government to prevent every federal action that interferes with the arms rights of state citizens, which existed before the U.S. Constitution was established.
The provision in the Second Amendment to the Constitution, that “the right of the people to keep and bear arms shall not be infringed,” is a limitation only on the power of Congress and the national government, and not of the States. Presser v. Illinois, 116 U.S. 252, 253 (1886)
We the People have an inviolable right and civic duty to keep and bear arms for defense against enemies foreign and domestic.
“The highest duty of the citizen is to bear arms at the call of the nation. This duty is inherent in citizenship; without it and the correlative power of the State to compel its performance society could not be maintained.” Selective Draft Law Cases, 245 U.S. 366, 368 (1918)
A multitude of legislative enactments, predating the United States Constitution, can be referenced to substantiate this fact, as elucidated in United States v. Miller, 307 U.S. 174 (1939):
- In 1784, the General Court of Massachusetts provided the Militia should “contain all able bodied men, from sixteen to forty years of age, and the Alarm List, all other men under sixty years of age, . . .” Also, “That every non-commissioned officer and private soldier of the said militia not under the controul of parents, masters or guardians, and being of sufficient ability therefor in the judgment of the Selectmen of the town in which he shall dwell, shall equip himself, and be constantly provided with a good fire arm,”
- In 1786, the New York Legislature directed, “That every able-bodied Male Person, being a Citizen of this State, or of any of the United States, and residing in this State, (except such Persons as are hereinafter excepted) and who are of the Age of Sixteen, and under the Age of Forty-five Years, shall, by the Captain or commanding Officer of the Beat in which such Citizens shall reside, within four Months after the passing of this Act, be enrolled in the Company of such Beat. . . . That every Citizen so enrolled and notified, shall, within three Months thereafter, provide himself, at his own Expense, with a good Musket or Firelock, a sufficient Bayonet and Belt, a Pouch with a Box therein to contain not less than Twenty-four Cartridges suited to the Bore of his Musket or Firelock, each Cartridge containing a proper Quantity of Powder and Ball, two spare Flints, a Blanket and Knapsack; . . .”
- In 1785, the General Assembly of Virginia declared, “The defense and safety of the commonwealth depend upon having its citizens properly armed and taught the knowledge of military duty.” It further stated, “All free male persons between the ages of eighteen and fifty years,” with certain exceptions, “shall be inrolled or formed into companies.”
Analogous to the inherent right to keep and bear arms, their state citizenship predates and possesses prominence over citizenship of the United States. As previously mentioned in the preceding article, unscrupulous political figures have effectively transformed the nation from a Republic to a Democracy by seizing control from the rightful owners, namely the Posterity of the country’s Founders. This was accomplished through the implementation of the Fourteenth Amendment, in conjunction with extensive miseducation in American Law and Civics.
Efforts to disarm “We, the People” have been ongoing ever since in order to consummate the Democracy by rendering citizens defenseless against tyranny. The national government has broadened its authority in governing firearms through the application of the Second Amendment to the States, achieved by means of the Fourteenth Amendment:
“under the Fourteenth Amendment, which, as frequently has been pointed out, broadened the national scope of the government by causing citizenship of the United States to be paramount and dominant instead of being subordinate and derivative, thus operating generally upon the powers conferred by the Constitution.” Selective Draft Law Cases, 245 U.S. 366, 367 (1918)
The Fourteenth Amendment does not pertain to “We, the People,” as their citizenship is not derived from this particular amendment. Minor v. Happersett, 88 U.S. 162, 164 (1874) (“Before its adoption the Constitution of the United States did not in terms prescribe who should be citizens of the United States or of the several States, yet there were necessarily such citizens without such provision. ”) Federal agencies, such as the ATF are treasonously unconstitutional because, they are in direct violation of state citizens’ rights and are subversive of the Federal Republic.
“That it is the duty of citizens by force of arms to defend our government against all enemies whenever necessity arises is a fundamental principle of the Constitution. The common defense was one of the purposes for which the people ordained and established the Constitution…Whatever tends to lessen the willingness of citizens to discharge their duty to bear arms in the country’s defense detracts from the strength and safety of the Government. ” United States v. Schwimmer, 279 U.S. 644, 650 (1929)
Furthermore, any state legislation attempting to enforce federal firearms laws within its territorial jurisdiction is unconstitutional, as Congress has never possessed the authority to infringe upon the Second Amendment, and cannot empower the States to do so on its behalf. Robertson v. Baldwin, 165 U.S. 275, 278 (1897) (“”Congress cannot vest any portion of the judicial power of the United States, except in courts ordained and established by itself.””) The existing state firearm regulations, as they stand, derive from federal sources, which renders them invalid.
“If a State law is incompatible with the Constitution of the United States, or any law of Congress in pursuance thereof, it is invalid, whether the conflict arise in the execution and operation of the act of Congress, or in an attempt to put the State law in operation.” Presser v. Illinois, 116 U.S. 252, 259 (1886)
Americans recognize that there is a fundamental issue within their government; however, unless they are able to interpret the Constitution and Laws of the Republic to hold their governing body accountable, the nation may ultimately face demise. Politicians are unable to rectify issues within the government in their capacity as government employees. Rather, it is “We, the People” – the origin of sovereignty – who must reclaim their nation by reaffirming their status as its lawful Owners, and by demanding that public servants adhere to the original meaning of the U.S. Constitution.
