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


Why Oscar Brock Cares About Our Children

I have known Oscar Brock since I was one of the first females to join the Jaycees. Chattanooga is very lucky to have him as a concerned citizen. When I first joined the Jaycees, I wanted to do more for the community.  Oscar has taken that desire and surpassed anything I could ever imagine. He continues to strive for the underdog and do what is right. He is always willing to ... (click for more)

Backing Vince Dean For Criminal Court Clerk

I have known Vince Dean for over 30 years and served with him throughout his exemplary career with the Chattanooga Police Department. In all of my commands, he was an invaluable asset, not only to me as a trusted and extremely competent subordinate but to the department and the City as a true professional. His public service also extended to the City of East Ridge and the State ... (click for more)

County Commission Chairmanship Up For Grabs After Exit Of Henry, Skillern

The chairmanship of the County Commission is up for grabs after the exit of two commissioners who have held the post in recent years. Larry Henry is moving on to serve as Circuit Court clerk. Fred Skillern was upset by Randy Fairbanks in the Republican primary. Most of the returning commissioners have their eye on the possibility of taking over as chairman, or at least getting ... (click for more)

PAST Act On Horse Abuse Stalls Out In U.S. House Despite 70% Support

Rep. Ed Whitfield (KY-01), chairman of the House Subcommittee on Energy and Power, issued the following statement today regarding the Prevent All Soring Tactics (PAST) Act, H.R. 1518:   “I regret to inform you that Speaker of the House, John Boehner, currently refuses  to bring the Prevent All Soring Tactics (PAST) Act to the floor for a vote.  His decision ... (click for more)

Jones, Vols Meet The Press A Day Before Fall Football Begins

KNOXVILLE, Tenn. -- What did  Butch Jones  have to say about Tennessee’s 2014 football team on the eve of the Vols' first practice? Find out in this transcript of Thursday’s press conference:  HEAD COACH BUTCH JONES (Opening Statement) "It's great to see everyone, and I hope everyone had a great summer. We will hold an open practice on Saturday ... (click for more)

Jane Webb Is A Fun-Loving Runner At Heart

Jane Webb isn’t one of those people who started running when she was a kid, but she loves the benefits since she restarted her running career about four years ago. She’s all about being active and doing things that are good for you,   but long-distance running never really captured her attention and she’s found that she can receive the same payoff by covering ... (click for more)