Second Amendment


#1

The not so controversial United States Constitution’s Second Amendment.

President Trump’s view of the Second Amendment has overlooked the many Constitutional references to “persons” and instead he used the word “individuals” to describe “ the right of individuals to keep and bear arms. Wording, a misconception rationalized more to his liking and thinking is troublesome. (Merriam-Webster: individual 1. a single member of a category: a particular person. 2. person).

However, again, the President is wrong. The Second Amendment is quite clear in it’s meaning as explained here in detail.

The Constitution and what it means today.

Edward s. Corwin, Harold W. Chase. Craig R. Ducat

1978 edition Princeton University Press.

The Amendment does not cover co n cealed weapons, the right “to bear arms” being the right simply to bear them openly. Nor will the court apply it to sawed-off shotguns, being unable to say of it’s own knowledge that their possession and use furthers in any way the preservation of a “well regulated militia.” Moreover, this right, being a right of citizenship rather than of person, may be denied aliens, at least on reasonable grounds….

As the courts have clearly indicated, the amendment guarantees a collective not an individual right to bear arms.”

The Heritage Guide to the Constitution

Edwin Meese III, Matthew Spading, David Forte

Copyright 2005

Kegnery

In the United States v. Miller (1939), t he Supreme Court issued what is still its only important decision interpreting the scope of the right to keep and bear arms…… For better or worse, the C ourt’s opinion is so ambiguous that advocates for almost every conceivable interpretation of the Second Amendment have been able to claim that it supports their view.

Initially, however, the lower federal courts were unanimous in their interpretation of Miller. Every court that considered the question concluded that the second Amendment does not protect any meaningful individual right to keep and bear arms.”

America’s Constitution - A biography.

Akill Reed Amar, Southmayd Professor of Law at Yale.

2006 Random House trade paperback Edition

Let’s begin with the words of the Second Amendment…the individual-rights reading must contend with the textual embarrassment of its own. The amendment announced a right of “the people” collectively rather than of “persons” individually. Also, it used a distinctly military phrase “bear Arms.”

For those who suggest and are convinced the Second Amendment carries a double meaning, from what you just learned is demonstrated further with clear constructive analysis.

The Second Amendment. A declarative sentence. The traditional declarative sentence is a simple assertion that expresses a complete thought.

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.”

As explained In United States v. M iller the lower federal courts were unanimous in their interpretation of the Second Amendment which, “… does not protect any meaningful individual right to keep and bear arms.” However, for many it can only be understood by examination of each of it’s provisos.

A well regulated militia ,”

We know what a militia is. What exactly is “ a well regulated militia ” it’s Constitutional meaning, and for what purpose? Standing alone it means absolutely nothing without further explanation.

being necessary to the security of a free state,

Which would now explain, “ A well regulated militia,”

the right of the people”

Merrium-Webster. Definition. People. “human beings making up a group by common characteristic or interest.”

To keep and bear arms ,

being the right simply to bear them openly.

shall not be infringed .”

Since others will continue to believe and cultivate something I do not see, neither logic or theory I can understand, I have been forced to study and relate my reading of the Second Amendment. In the making of our United States Constitution I have 49 plus reasons that help to explain further my understanding of the Second Amendment. -----------------------

The United States Constitution emphasizes it’s intent and unquestionable purpose of the Second Amendment with the words in it’s Preamble to the Constitution, “We the people… provide for the common defence…” ( Merriam-Webster; belonging to, or serving the community).-----------------

The Constitution of the United States was established and formulated as a result of the Articles of Confederation. Article 6 , reflects part of that vision, “…nor shall any body of forces be kept up by any State in time of peace,… but every State shall always keep up a well- regulated and disciplined militia,…”----------------------

If, as some may argue, that the Second Amendment’s “militia” meaning, is that every person has a right to keep and bear arms. The only way to describe one’s right as a private individual, is not as a “militia” but as a “person” (“The individual personality of a human being: self.”).-----------------

Articles of Confederation lists eleven (11) references to “person/s.”

“If any person guilty of…

“…and no person shall be capable of…”

“…nor shall any person…”

“…shall be protected in their persons…”

“…nor shall any person holding any office…”

“…granted or surveyed for any person, …

“…Congress shall name three persons…”

“…list of such persons each party shall…”

“…and the persons whose names shall…”

“…nominate three persons…”

“…provided that no person be allowed to serve…”------------------

“Person” or “persons“” is mentioned in the Constitution 49 times, to explicitly describe, clarify and mandate a Constitutional legal standing as to a “person”, his or her Constitutional rights and duty. (Articles of Confederation 11 times.)-------------------------

Whereas in the Second Amendment, reference to “person” is not to be found. Was there are reason?. The obvious question arises, 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 same legal standard in defining an individual’s right to bear arms as a “person”? -------------------

“Person” is one as described by Merriam-Webster Dictionary as a “citizen”. “A person who owes allegiance to a government and is entitled to its protection.” ------------------

Merriam Webster “militia”, “a body of citizens organized for military service : a whole body of able-bodied male citizens declared by law as being subject to call to military service.” -----------

In the whole of the 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 a “militia”. “ People” is mentioned a total 9 times. -------------------------

It’s not enough to just say that “person(s)” is mentioned in the United States Constitution 49 times. But to see it for yourself, and the realization and unmistakable 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”. --------------------

…No Person shall be a Representative…” (Article 1 Section 2)

…whole Number of free Persons,…” (Article 1 Section 2)

…three fifths of all other Persons…” (Article 1 Section 2)

…No person shall be a Senator…” (Article 1 Section 3)

…And no Person shall be convicted…” (Article 1 Section 3)

…no Person holding any Office…” (Article 1 Section 6)

…Names of the Persons voting for…” (Article 1 Section 7)

“… of Such Persons as any of the States…” (Article 1 Section 9)

“… not exceeding ten dollars for each Person…” (Article 1 Section 9)

“… And no Person holding any…” (Article 1 Section 9)

“… or Person holding an Office of Trust of…“ (Article 2 Section 1)

“… and vote by Ballot for two persons,…” (Article 2 Section 1)

“… List of all the Persons voted for,…” (Article 2 Section 1)

“… The Person having the greatest Number of Votes shall be the President…” (Article 2 Section 1)

“… and if no Person have a Majority,…” (Article 2 Section 1)

“… the Person having the greatest Number of Votes…” (Article 2 Section 1)

“… No person except a natural born Citizen or a Citizen,…shall be eligible to the Office of

President ” (Article 2 Section 1)

“… Any Person be eligible to that Office….” (Article 2 Section 1)

“… No Person shall be convicted of …” (Article 3 Section 3)

“… except during the Life of the Person attainted….”. (Article 3 Section 3)

“… A Person charged in any State…” (Article 4 Section 2)

“… No Person held to Service…” (Article 4 Section 2)

“… The right of the people to be secure in their persons,…” (Amendment IV)

“… and the persons or things to be seized….” (Amendment IV)

…No person shall be held to answer…” (Amendment V)

…nor shall any person be subject for the same offense….” (Amendment V)

“… they shall name in their ballots the person voted for as President,…” (Amendment XII)

“… the person voted for as Vice-President,…” (Amendment XII)

“… all persons voted for as President,….” (Amendment XII)

“… all persons voted for as Vice-President…” (Amendment XII)

“… The person having the greatest Number of votes for President, …” (Amendment XII)

“… and if no person have such majority,…” (Amendment XII)

…the persons having the highest numbers …” (Amendment XII)

“… The person having the greatest number of votes…” (Amendment XII)

…and if no person have a majority,…” (Amendment XII)

“… But no person constitutionally ineligible to the Office of President…” (Amendment XII)

“… All persons born or naturalized …” (Amendment XIV Section 1)

“… any State deprive any person of life, liberty, or property,” (Amendment XIV Section1 )

“… nor deny to any person within …” (Amendment XIV Section1)

“… number of persons in each State,….” (Amendment XIV Section 2)

“… No person shall be a Senator or …” (Amendment XIV Section3)

…and such person shall act accordingly….” (Amendment XX Section3)

“… of the death of any of the persons from…” (Amendment XX Section4)

“… case of the death of any of the persons from…” (Amendment XX Section4)

“… No person shall be elected to the office of the President…” (Amendment XXII Section1)

“… and no person who has held the office of President,…” (Amendment XXII Section1)

…to which some other person was elected President…” (Amendment XXII Section1)

“… shall not apply to any person holding the office of President…” (Amendment XXII Section1)

…prevent any person who may be holding the office of President…” (Amendment XXII Section1)

The President was elected on 13 of these references. Of which 11 are Amendments, conditioning a “person,” unlike the Second Amendment, to the role of the President of the United States.-------------------

When government-adopted texts are given new meaning, the law is changed; and changing written law, like adopting written law in the first place, is the function of the first two branches of government—elected legislators and elected executive officials and their delegates.” (Reading Law. Antonin Scalia/Bryan A. Garner)——

However, in the president’s present state of mind he is right in one respect, “THE SECOND AMENDMENT WILL NEVER BE REPEALED!” ( Donald J. Trump (@realDonaldTrump) March 28, 2018.

Finally, another reason and need for…. A well regulated militia, …” exactly, because we fight among ourselves.------------

New laws are created every day. It’s time to satisfy gun owners.

In closing, you can believe what you have learned here or you can believe what you can read at any time at any public washroom wall.