Sunday, January 6, 2013

Constitutional Law and why they are

A little bit of history..

We are the United States of America though a revolution where the King of England treated us (the colonies) as less worthy subjects and went as far as to mistreat us.  We didn't like it and one day in April we said enough....

Fast forward a few years the result is we are have now acquired sovereignty as a Country. We codified it in the Constitution Of the United States but, before the states would sign up they wanted a few safe guards. So we have the The Bill of Rights.

The key paragraph that is all to often not quoted is:

Item 1:

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

In short we never want this kind of thing again and this is how we plan to have law to prevent it.  The first 10 amendments spell out prohibited acts of the government.

I will skip the First Amendment as it allows me to write this even of you don't agree.

Item 2:  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 first item calls out why this set of Amendments were important, namely and I quote as key phrase, " in order to prevent misconstruction or abuse of its powers,".  This is about the government in modern terms of going off the rails.

The single sentence in item 2 is a clear statement blocking the government from removing the means to insure the people can and will remain in control of their rights and property.  In short the government is the subjugated not the the people.

Why is the second amendment so strongly worded.  Its the enabler to the prohibitions of other acts a government may partake.  Freedom of speech, right to property, protection against illegal search, and a host of other things that were grievances against King George, and many other despotic regimes that would emerge after him over the course of history.

With that I offer two views of why this is important.

Marko lays out why the threat of force has no place in a society where it has the force to repulse that threat.  I offer, his work,  why the gun is civilization,

The followup is some very sobering thoughts from Dean Garrison if they come for your guns do you have a responsibility to fight .   I do believe we have the responsibility to fight the attempt to even go that far with letters and phone calls to those people we call our representatives.    Even the great people that wrote the Constitution petitioned King George with their grievances before firing the shot heard round the world.  We should honor them by doing no less.

Take care and keep your powder dry.


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