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


I Know Kenny Smith

I’m writing in response to comments by City Councilman Larry Grohn about Kenny Smith. I don’t know Mr. Grohn, but I know Kenny Smith.  Kenny told me he met Grohn once but doesn’t know him.   If Grohn really knew Kenny Smith, he’d know Kenny pushed for expanded vocational education while on the School Board and is intent on pushing for it on the County Commission. ... (click for more)

Keep Judge Christie Sell On The Bench

Judge Christie Mahn Sell is a local Chattanoogan who has never been anything but a positive and influential leader in our community. I have known Christie most of my life, and I can attest to her integrity and character. Since Christie’s election as the first woman judge to General Sessions Court in 2006, she has focused on improving awareness and education of domestic violence ... (click for more)

EPB Says It Did Not Overbill The City; Says City Got $685,877 Break

EPB officials said Tuesday that an exhaustive audit of its street light contract with the city showed that it did not overbill the city. Instead, it said it found that the city was underbilled $685,877. EPB said it only goes back one year on errors so the amount owed by the city would be $178,314. Officials said that would be discussed with the city. Stan Sewell, the city's ... (click for more)

Citizens To Comment Next Tuesday On Sound Control Ordinance That Allows Higher Sound Around Downtown Clubs

Citizens will be allowed to comment next Tuesday on a new Sound Control Ordinance that allows higher sound from nightclubs in a downtown Controlled Sound Boundary. Track 29 behind the Chattanooga Choo Choo, that has drawn the wrath of some nearby Southside residents, is within the boundary, which goes along the river on the north and west, to around Erlanger Hospital on the ... (click for more)

Vols Open 2018 Season Against West Virginia In Charlotte

KNOXVILLE, Tenn.   – The Charlotte Sports Foundation announced Tuesday that the Tennessee Volunteers will open the 2018 season on September 1 against the West Virginia Mountaineers at Bank of America Stadium in Charlotte, North Carolina, home of the NFL's Carolina Panthers. All information related to kickoff date, time and tickets will be announced at ... (click for more)

Ooltewah's Williams Signs With Northwest Missouri

Ooltewah’s Mike Williams, one of District 5-AAA’s most respected wide receiver threats in 2013, has signed a football scholarship with Northwest Missouri State, the defending NCAA Division II national champion. Williams chose the Bearcats, members of the Mid-America Intercollegiate Athletics Conference, over Carson-Newman, in Jefferson City, Tenn., and Paine College, in Augusta ... (click for more)