A Commentary On The Second Amendment

Monday, January 21, 2013

Every man having a sense of humanity detests seeing families destroyed, innocent children sacrificed and promising lives snuffed as witnessed at Sandy Hook School. The argument that reducing the number of guns will produce a safer society beguiles the public, promotes politicians and fails to hold wicked people accountable for their actions. 

While gun rights supporters assert that the Constitutional Second Amendment right of the people to keep and bears arms is an inalienable individual right just as freedom of speech or religion, and confirmed by the our Supreme Court. Gun opponents assert this right pertains only to collective bodies such as the militia, the military, police or National Guard.

The Washington Post states: “[T]he sale, manufacture, and possession of handguns ought to be banned…[W]e do not believe the 2nd Amendment guarantees an individual right to keep them. 

Gun opponents frequently utilize highly-publicized, tragic instances of violence to fortify their confiscation argument saying that guns should be left only in the hands of ‘professionals’. California Senator Diane Feinstein (D) is preparing legislation to outlaw 120 firearms. The ACLU, supports Senator Feinstein, and has stated “[T]he individual’s right to bear arms applies only to the preservation or efficiency of a ‘well-regulated militia.’” Except for lawful police and military purposes, the possession of weapons by individuals is not constitutionally protected.”

Yet, disarming innocent people does not make innocent people safer. 

Cabinet Secretary of Education Arne Duncan, even prefers to abandon our Constitution, stating in a speech given at a Washington DC elementary school that “We have common values that go far beyond the Constitutional right to bear arms.”

The Founders of this nation understood that there exists individual inalienable rights and our American government was formed with the sole purpose of safeguarding those inalienable rights. As a nation we are unique in this purpose for government, and the Founders demanded that all office holders swear an oath to ‘protect and defend’ these rights enumerated in our Constitution. 

Opponents confuse the Founders original intent to argue that they never intended to allow citizens to be armed with semi-automatic rifles. This common error in constitutional interpretation is failing to examine the Constitution according to its original meaning.

James Wilson, one of only six founders to sign both the Declaration of Independence and the Constitution, was nominated by President George Washington as an original Justice on the Supreme Court, exhorted: “The first and governing maxim in the interpretation of a statute is to discover the meaning of those who made it.” 

The Founders framed the Second Amendment as a certification to protect what was frequently called “the first law of nature”—the right of self-protection, an inalienable right—guaranteed to every citizen individually.

Understanding the Second Amendment’s intention that secures the right “to keep and bear arms”, it is important to establish the source of inalienable rights constitutionally. Constitution signer John Dickenson, like many of the others in his day, defined an inalienable right as a right “which God gave to you and which no inferior power has a right to take away.”

Our Founders believed that it was the duty of government (an inferior power) to protect inalienable rights from encroachment or usurpation. This was made clear by Justice Wilson, while a serving Justice on the Supreme Court; he taught his law students that the specific protections found in our government documents did not create new rights, rather secured old rights – that our documents were merely “…to acquire a new security for the possession or the recovery of those rights…which we were previously entitled by the immediate gift or by the unerring law of our all-wise and all-beneficent Creator.” 

Justice Wilson asserted that “…every government which has not this in view as its principal object is not a government of the legitimate kind.”

The Founders understood the basic concept that government is not the source of rights; that self defense is an inalienable right the Second Amendment guarantees; that each citizen is guaranteed the tools necessary to defend their life, family, or property from aggression, whether from an individual or a government. 

R.D. Skidmore

Roy Exum: A Vol Is Worth $521,854

The definition for the term “fair market value,” this from the IRS tax code, “is the price at which the property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of relevant facts.” So a recent article in Business Insider has just revealed a University of Tennessee scholarship ... (click for more)

Please, No Short Term Vacation Rentals In My Neighborhood

Approval of the short term vacation rental item on the City Council agenda for Tuesday  will be the next step toward commercializing our residential properties and communities to benefit those more interested in making money than preserving an old, well-established, rich community of like-minded families.    Anything requiring a business license is ... (click for more)

1 Shot And Killed In St. Elmo; 2nd Person Taken To Hospital

One person was shot and killed in St. Elmo. Another person was taken to the hospital. The person transported was driving a Lincoln that was behind the church off of Virginia Avenue. A possible suspect was in the Lincoln. Neighbors said that car stayed where the crime scene is. More information to follow. (click for more)

6 People, Including 4 Children, Die In Mobile Home Fire In Trion, Ga.

Six people, including four children, died in a mobile home fire at Trion, Ga., on Sunday night. The fire broke out on Airport Road in Chattooga County. Sheriff Mark Schrader said, "It is with a heavy heart tonight that I report that a residential fire has claimed the lives of six people, two adults and four children. The fire occurred around 11:00 p.m. in the Airport subdivision, ... (click for more)

UTC Women Fall To UNCG 1-0 To End Regular Season

 The University of Tennessee at Chattanooga women’s soccer team fell 1-0 at UNCG Sunday afternoon to close out the regular season. The Mocs end the year at 6-10-2 overall and 4-4-1 in the Southern Conference and tie the Spartans (7-10-2, 4-4-1 SoCon) for fifth in the standings.   “It was another tough result,” Chattanooga head coach Gavin McKinney said. “We did, however, ... (click for more)

Notre Dame Draws Top Ranked Greeneville, CCS Opens With Madison Magnet

For the second year in a row, Notre Dame drew the top-ranked Greeneville in the opening round of the TSSAA Class A/AA state tournament.  Notre Dame is scheduled to play Greeneville on Wednesday at 8 p m. (EST)  in Murfreesboro. CCS will play Madison Magnet in the first round on field #1 at 7:30 p.m. (EST) . CCS and Greeneville met in the state championship game ... (click for more)