By Robert Greenslade
© Nitwit Press
Following the recent school shooting in Connecticut, American citizens have once again displayed their total ignorance concerning the Constitution, the Bill of Rights, and the Second Amendment. Facebook postings, comments to so-called news articles and letters to the editor are calling for repeal of the Second Amendment. These individuals believe the right to own a firearm is based on the Second Amendment and the right will vanish if the Amendment can be repealed. Unless the Second Amendment created the right, then repeal of the Amendment cannot constitutionally abolish the right.
Following the Federal [Constitutional] Convention of 1787 and the subsequent ratification of the Constitution in 1788, the several States began submitting amendments to Congress for consideration. By September of 1789, Congress had reduced approximately 210 separate amendments to 12. The amendments were inserted into a congressional resolution and submitted to the several States for consideration. Of these, numbers 2-12 were ratified by the States in 1791 and became the so-called Bill of Rights.
A little known fact about this resolution is that it contained a preamble declaring the purpose of the proposed amendments. Most modern editions of the Bill of Rights either do not contain the preamble or only include the last paragraph. The most important paragraph is the first one because it discloses the intent of the proposed amendments.
A review of this paragraph shows that the sole purpose of the proposed amendments was to prevent the federal government from “misconstruing or abusing its powers.” To accomplish this, “further declaratory and restrictive clauses” were being proposed. The amendments, if adopted, would place additional restraints or limitations on the powers of the federal government to prevent that government from usurping its constitutional powers. Every clause of the Bill of Rights, without exception, is either a declaratory statement or a restrictive provision.
If the Bill of Rights had granted rights, then the word “granted” would have to appear each and every time a right was being established. A review of the Bill of Rights shows that the word “granted” does not appear in any Amendment.
In reality, the Bill of Rights placed additional or secondary restraints on the powers of the federal government concerning the rights of the people and powers reserved to the States. That is why the words “no,” “not” and “nor” appear throughout the Amendments instead of the word “granted.”
Since the Second Amendment did not create or grant any right concerning firearms, the right enumerated in the Amendment has to be an existing right separate from the Amendment. Thus, repealing the Second Amendment would not eliminate any right because the right enumerated in the Amendment was not created by the Amendment. The right to keep and bear arms exists independent of the Constitution or the Second Amendment.
In order to help explain this constitutional principle, I reluctantly decided to reference a United States Supreme Court case from 1875. Normally, I would not cite a court case to support a constitutional principle because too many opinions do not reflect the true intent of the Framers. However, I decided to make an exception because this decision states this constitutional principle clearly and concisely and has never been overturned.
In the case of United States v Cruikshank, the United States Supreme Court held that the rights enumerated in the Bill of Rights were not granted by the Amendments and are not dependent upon the Constitution for their existence. The Court also ruled that the Amendments were restraints on the powers of the federal government and it is the duty of States to secure the individual rights of the American people.
One of the most definitive and succinct interpretations of the Second Amendment is found in the Court’s second holding:
“The right there specified is that of ‘bearing arms for a lawful purpose.’ This is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence. The Second Amendment declares that it shall not be infringed: but this, as has been seen, means no more than that it shall not be infringed by Congress. This is one of the amendments that has no other effect than to restrict the powers of the National [Federal] Government…”
The Second Amendment did not create or grant any right to keep and bear arms. It placed an additional restraint on the powers of the federal government concerning the existing right to keep and bear arms. Thus, all a repeal could do, from a federal standpoint, is remove the secondary restraint imposed on federal power by the Amendment. And since many States have a right to keep and bear arms clause in their constitution, separate and apart from the Federal Constitution or the Second Amendment, the existence or non-existence of the Second Amendment would not affect the right because the federal government was not granted and does not have the general power to abolish a natural or individual right secured by a State Constitution.
Note: There is a school of thought that the Fourteenth Amendment made, through a doctrine known as incorporation, the Second Amendment applicable to the individual States. Since the Second Amendment did not create a right, then repeal of the Amendment could not abolish the right in the individual States through the Fourteenth Amendment.



Libertarian Commentary on the News #12-52C: Home front
Do we all see the effects of laws and government trying to do what is impossible, given our collapsing society, increased immorality, and other failings? Sadly, too many people are blinded to the truth, and scream for what is not possible.
Men and women can be and often are evil. Laws do not stop crime, they often do not even punish crime. And all too often attempts by “society” (that is, government pretending to be God) backfire. We have seen this in Connecticut, and probably in Utah, Oregon, South Dakota and other places in the last two weeks. This is worth pondering:
Blame the Drugs, not the Guns
(Godfather Politics) Dr, David Healy, founder of RISK.org, spends much of his time researching and reporting on prescription drugs. In his research, Healy has found that nearly 90% of the school and other mass shootings in the past couple decades, were carried out by someone who was taking some form of psychotic drugs or anti-depressant. These drugs are known to alter a person’s personality and can make them become violent.
It has been reported that Lanza was taking prescription drugs for a personality disorder, but what drugs he was taking has not been released yet. If shown that he was taking drugs that fit into the category Healy is referring to, then it is very possible that they may be partially to blame for his actions. Healy also says that we should not be comfortable with knowing that 90% of school shootings involved these personality altering drugs.
Nathan: Debby first pointed this out, last weekend, noting that this “coincidence” dates back to at least Columbine (a bad event in our family’s history, unrelated to the school killings and suicides: her mother died that day just a few miles away). We have been aware of the dangerous nature of many “antipsychotic” and mind-altering drugs, such as Ritalin (in essence just a prescription and somewhat purer form of meth). We have been involved in fights on that and the impact on children, even those who do NOT go truly off the deep end and kill or suicide or both. Many people have now noted this.
Perhaps this is the actual way that we have to deal with a “Zombie Invasion.” Is that the reason that DHS is also going off the deep end – or are they just too drugged-up?
DHS: Ammo and more ammo, for what?
(Freedom Outpost) Click here for a list of ALL the ammunition purchases since 2009. For a grand total now of 1,140,618,530 or 1.1 BILLION rounds… for 50,000 employees of DHS.
Nathan: Hmmm. That is a LOT of fun range time. What next? Maybe we all ought to be buying more ammo. Freedom Outpost thinks it is gearing up for a civil war, but if that is the case, ain’t nearly enough: if one in ten Americans each buys 2 boxes of 9-mm (100 rounds), that is 3,000,000,000 rounds: 3 billion. Those of us who like Cheaper Than Dirt or Cabelas or Bass Pro Shops and buy 1,000 at a time are outliers; still it adds up. Throw in a few billion .22-cal rounds and a couple of hundred million 7.62/.30-cal and 5.56/.223-cal and keep in mind that people who buy their own ammo (instead of having their employer – even Uncle Sam do it) are generally better shots than the “public forces” like the 137 rounds 13 cops fired to kill a couple in Ohio (under suspect circumstances) a few days ago. But even if it takes 100 rounds per DHS employee, that only requires 5,000,000 rounds. So maybe they SHOULD be worried that they don’t have enough. After all, they can’t all be as good at killing as the next story relates:
Home front – Stupid people
South Dakota: Pierre teen dead in shotgun shooting
We can’t and don’t know the details, but given recent events and the analysis, I will not be surprised if the guy was on a drug regime to keep him “sane.” Was that also the problem with Helleson (or is “Hell’s Daughter” a more appropriate name?) in the next story?
Texas – Stupid cop tricks
Texas Cops sued over on-highway body cavity search
(Freedom Outpost/Dallas Morning News) According to Dallas Morning News and Texas Trooper Dash Cam, Texas trooper Kelley Helleson is suspended with pay pending an investigation into a roadside cavity search on two women. Using the same glove, trooper Helleson allegedly entered first the anus, and then the vagina (a HUGE no-no for any woman trained in health care or personal hygiene) of two women after a routine traffic stop.
Nathan: Gross and disgusting, and nothing less than rape – public rape. Texas can do some good things, and it allows people to do some very STUPID things. A necktie party should have taken place the next day, starting with the two jack-booted thugs (yes, ESPECIALLY the woman) and continuing up the chain of command to the Director of Public Safety. And the Rangers should have led the party.
Perhaps it is a lack of trust in cops due to nasty things like this one that caused the results of this national poll in the next story:
National Poll: Weapons ban not most effective in preventing school shootings
A recent poll conducted by Gallup shows that more Americans believe that several things would be more effective at preventing mass shootings at schools than a weapons ban, including having at least one school official carrying a firearm.
Nathan: Blinded as people are in their belief in laws and government, this is quite a surprise. And must anger the hoploclasts and other Tranzis, as they are seizing this opportunity to strike down liberty and self-defense once and for all. The media is FILLED with screams of how people are changing their mind. This poll shows that ain’t necessarily so.
The entire situation vis-a-vis guns and the hoploclasts (gun-haters) and hoplophobes (gun-fearers) is going to remain in transition for a long, long time. If you are still searching for that last minute gift, let me suggest a few:
(a) More ammo – ammo prices are actually down right now from highs the past several years.
(b) A new weapon – especially battle rifles and “assault” rifles.
(c) New magazines for existing weapons, especially larger-capacity.
(d) Training – new or refresher, on every weapon they have, especially defensive handgun use.
MERRY CHRISTMAS!!!