The 2nd Amendment

Ok one last attempt to explain the 2^nd Amendment and the “need” for magazines that hold 10-20-30 rounds. I am not going to discuss the actual magazines or firearms but rather the broader question of the need of the 2^nd Amendment.

In answer to the question “why do you need a 30 round magazine?” I would reply “because the guy kicking down my door will have one”. That’s the one line answer that leaves everyone unsatisfied. Their eyes cross. Their brain cannot fathom the totality of that statement. So here’s the longer version.

Why do I need a 30 round magazine? Why do I need access to an AR15? Who tells me what I need or don’t need. Who has the power in America? The People? The Government? Your answer to the last two questions will show your understanding of our Constitution and the Bill of Rights.

Let us return to those times of old where men wore powdered wigs and spoke in flowery ways. The colonies had put up with many wrongs from the English Crown and despite their attempts at a peaceful redress of grievances finally penned the Declaration of Independence. Part of the second paragraph reads as following.

“We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness---That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed….” (emphasis mine)

Let us now look to the preamble to The Constitution of the United States of America.

“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

In this case the emphasis is not mine. The words We the People were written in emphasis to establish who is setting up this Constitution and who has the power. The Founding Fathers were afraid of a strong central government so they wrote the Constitution as a relatively short document designed to establish limited government at the same time allowing freedom and liberty to thrive. The Constitution is a wall around the power of the government. The Constitution protects us from the same type of tyrannical government we broke away from in 1776.

If I remember my history right when it came time for the States to ratify the Constitution there were concerns about the absence of a list of Rights in the Constitution. Thomas Jefferson wrote from Paris about a lack of Bill of Rights. The Anti-Federalists were also concerned with a central government that was too powerful. The Federalists said that a Bill of Rights were not necessary because these Rights were understood and didn’t need to be listed. Thank God for James Madison. He wrote the Bill of Rights! With these Rights attached the States were able to ratify the Constitution. Read the Bill of Rights, they are the first 10 Amendments to the Constitution! They all are about the individual’s rights. This is the list of Civil Rights you hear so much about. As an individual you have the Right of: Freedom of Speech (1). Freedom of Religion (1). Freedom to assemble (1). Freedom to petition the Government (1). Freedom to keep and bear Arms aka self defense (2). Freedom to not be forced to house soldiers (3). Freedom from unlawful searches and seizures (4). Freedom from self incrimination (5). Freedom to a speedy and public trial (6). Freedom to a jury trial in civil cases (7). Freedom from excessive bail or fines (8). Freedom from cruel and unusual punishments (8). Freedom of other rights not listed (9). Freedom to retain the powers not in the Constitution (10).

I will now concern myself to the 2^nd Amendment. What was the original intent of the 2^nd Amendment? Why was the phrase “keep and bear Arms” used? Let us look to what was written back then.

“The whole of the Bill [of Rights] is a declaration of the right of the people at large or considered as individuals… It establishes some rights of the individual as unalienable and which consequently, no majority has a right to deprive them of.” Albert Gallatin to Alexander Addison, October 7, 1789

“To preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to us them…” Richard Henry Lee, January 25,1788

“To disarm the people…[is] the best and most effectual way to enslave them…” George Mason, June 14, 1788

“The right of the people to keep & bear arms has been recognized by the General Government; but the best security of that right after all is, the military spirit, that taste for martial exercises, which has always distinguished the free citizens of these States;…. Such men form the best barrier to the liberties of America.” Gazette of the United States, October 14,1789

“The great object is, that every man be armed… Every one who is able may have a gun.” Patrick Henry, June 14, 1788

“The advantage of being armed… the Americans possess over the people of almost every other nation… In the several kingdoms of Europe,,, the governments are afraid to trust the people with arms.“ James Madison, Federalist 46

“The supposed quietude of a good man allures the ruffian; while on the other hand, arms like laws discourage and keep the invader and the plunderer in awe, and preserve order in the world as well as property. The same balance would be preserved were all the world destitute of arms for all would be alike; but since some will not, other dare not lay them aside… Horrid mischief would ensue were one half the world deprived of the use of them… The weak will become a prey to the strong.” Thomas Paine, July, 1775

“A free people ought…to be armed…” George Washington January 14, 1790

You can see by these writings of our Founding Fathers, and there are many more I could have added, we have the individual right to bear Arms. Arms were for the preservation of our Liberty. Arms preserve ourselves and our property. Arms for protection from the criminal kicking in our door. Protection from the foreign invader. Protection from our own governments attempts to enslave We the People.

As you have read, the early writings about Arms must be viewed through the lens of history. We had just fought a war of independence. Wars require military Arms. Invaders and governments have military Arms. Criminals won’t give up their arms even if we do and they will have the most firepower they can get their hands on. They will have the “high capacity” magazines. They will have the AR15s and the AK47s. So will the invader and the tyrannical government.

So why do I need these things? Because I determine what my needs are as a free man. Because I have the Right to keep and bear Arms. This Right shall no be infringed! Because I am one of We the People.

“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.”