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The right to keep and bear arms, our Founders' documented intentions
johnwk:
The Second Amendment, while it notes a militia is necessary to the security of a free State, the only guarantee mentioned in the Second Amendment is ". . . the right of the people to keep and bear Arms, shall not be infringed." This is an established right which preceded the birth of our existing Constitution!
The simple truth is, after creating our federal Constitution which became effective in 1789, ten amendments were quickly adopted [1791] which were intentionally designed “to prevent misconstruction or abuse of “ the new government’s “powers“, and is so stated in the Resolution of the First Congress Submitting Twelve Amendments to the Constitution; March 4, 1789
THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added .
Now, in regard to fundamental rights and protections of these rights within the various state borders, let us take a look at what the people, for example, of the State of Pennsylvania, agree upon before our federal government was even created, and did so in their State’s fundamental law otherwise known as Pennsylvania’s Declaration of Rights, adopted in 1776.
I. That all men are born equally free and independent, and have certain natural, inherent and inalienable rights, amongst which are, the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety.
II. That all men have a natural and unalienable right to worship Almighty God according to the dictates of their own consciences and understanding: And that no man ought or of right can be compelled to attend any religious worship, or erect or support any place of worship, or maintain any ministry, contrary to, or against, his own free will and consent: Nor can any man, who acknowledges the being of a God, be justly deprived or abridged of any civil right as a citizen, on account of his religious sentiments or peculiar mode of religious worship: And that no authority can or ought to be vested in, or assumed by any power whatever, that shall in any case interfere with, or in any manner controul, the right of conscience in the free exercise of religious worship.
III. That the people of this State have the sole, exclusive and inherent right of governing and regulating the internal police of the same.
IV. That all power being originally inherent in, and consequently derived from, the people; therefore all officers of government, whether legislative or executive, are their trustees and servants, and at all times accountable to them.
V. That government is, or ought to be, instituted for the common benefit, protection and security of the people, nation or community; and not for the particular emolument or advantage of any single man, family, or soft of men, who are a part only of that community, And that the community hath an indubitable, unalienable and indefeasible right to reform, alter, or abolish government in such manner as shall be by that community judged most conducive to the public weal.
VI. That those who are employed in the legislative and executive business of the State, may be restrained from oppression, the people have a right, at such periods as they may think proper, to reduce their public officers to a private station, and supply the vacancies by certain and regular elections.
VII. That all elections ought to be free; and that all free men having a sufficient evident common interest with, and attachment to the community, have a right to elect officers, or to be elected into office.
VIII. That every member of society hath a right to be protected in the enjoyment of life, liberty and property, and therefore is bound to contribute his proportion towards the expence of that protection, and yield his personal service when necessary, or an equivalent thereto: But no part of a man's property can be justly taken from him, or applied to public uses, without his own consent, or that of his legal representatives: Nor can any man who is conscientiously scrupulous of bearing arms, be justly compelled thereto, if he will pay such equivalent, nor are the people bound by any laws, but such as they have in like manner assented to, for their common good.
IX. That in all prosecutions for criminal offences, a man hath a right to be heard by himself and his council, to demand the cause and nature of his accusation, to be confronted with the witnesses, to call for evidence in his favour, and a speedy public trial, by an impartial jury of the country, without the unanimous consent of which jury he cannot be found guilty; nor can he be compelled to give evidence against himself; nor can any man be justly deprived of his liberty except by the laws of the land, or the judgment of his peers.
X. That the people have a right to hold themselves, their houses, papers, and possessions free from search and seizure, and therefore warrants without oaths or affirmations first made, affording a sufficient foundation for them, and whereby any officer or messenger may be commanded or required to search suspected places, or to seize any person or persons, his or their property, not particularly described, are contrary to that right, and ought not to be granted.
XI. That in controversies respecting property, and in suits between man and man, the parties have a right to trial by jury, which ought to be held sacred.
XII. That the people have a right to freedom of speech, and of writing, and publishing their sentiments; therefore the freedom of the press ought not to be restrained.
XIII. That the people have a right to bear arms for the defence of themselves and the state; and as standing armies in the time of peace are dangerous to liberty, they ought not to be kept up; And that the military should be kept under strict subordination to, and governed by, the civil power.
XIV. That a frequent recurrence to fundamental principles, and a firm adherence to justice, moderation, temperance, industry, and frugality are absolutely necessary to preserve the blessings of liberty, and keep a government free: The people ought therefore to pay particular attention to these points in the choice of officers and representatives, and have a right to exact a due and constant regard to them, from their legislatures and magistrates, in the making and executing such laws as are necessary for the good government of the state.
XV. That all men have a natural inherent right to emigrate from one state to another that will receive them, or to form a new state in vacant countries, or in such countries as they can purchase, whenever they think that thereby they may promote their own happiness.
XVI. That the people have a right to assemble together, to consult for their common good, to instruct their representatives, and to apply to the legislature for redress of grievances, by address, petition, or remonstrance.
So, as it turns out with respect to Pennsylvania, documented history tells us the people therein decided, long before our existing Constitution was adopted, to guarantee a right to bear arms for "defense of themselves", in addition to the defense of the State, and, by the adoption of the 2nd Amendment they went on to specifically forbid the federal government to enter their state and “infringe†upon the people’s already existing right to keep and bear arms established by their state Declaration of Rights.
JWK
"The Constitution is the act of the people, speaking in their original character, and defining the permanent conditions of the social alliance; and there can be no doubt on the point with us, that every act of the legislative power contrary to the true intent and meaning of the Constitution, is absolutely null and void. ___ Chancellor James Kent, in his Commentaries on American Law, 1858.
Bigun:
Yep! There is NO doubt about it!
Jazzhead:
--- Quote from: Bigun on February 24, 2018, 02:10:43 pm ---Yep! There is NO doubt about it!
--- End quote ---
The doubt arises because of the fact that the Federal Constitution is worded very differently; certainly the PA Declaration of Rights shows that the folks back then considered the right to bear arms both in the context of defense of the state and the individual. But the right in the Federal Constitution is framed solely in the context of the defense of the "free state". That difference is significant.
The bottom line for me is that the RKBA IS an individual right under the federal Constitution, derivative of the natural right of self-defense. I think Scalia in Heller essentially confirms that, although it took over two centuries to do so.
But the 2A is simply not the foundation of that right. The individual, natural right of self defense is protected by the Constitution by the same authority that the Constitution protects the individual and natural rights of privacy and self-determination. As Blackmun is to the abortion right, so is Scalia to the gun right.
johnwk:
--- Quote from: Jazzhead on February 24, 2018, 02:27:57 pm ---The doubt arises because of the fact that the Federal Constitution is worded very differently;
--- End quote ---
I think the doubt arises among those who are delinquent in researching our country's founding documents to determine the actual intentions and beliefs under which our Constitution was agreed to. There is no sense in having a written Constitution if it can be made to mean whatever those in power want it to mean.
JWK
The whole aim of construction, as applied to a provision of the Constitution, is to discover the meaning, to ascertain and give effect to the intent of its framers and the people who adopted it._____HOME BLDG. & LOAN ASS'N v. BLAISDELL, 290 U.S. 398 (1934)
INVAR:
--- Quote from: johnwk on February 24, 2018, 07:27:58 pm ---I think the doubt arises among those who are delinquent in researching our country's founding documents to determine the actual intentions and beliefs under which our Constitution was agreed to. There is no sense in having a written Constitution if it can be made to mean whatever those in power want it to mean.
--- End quote ---
Correction John.
They are NOT delinquent in researching our country's founding documents and opinions of the Patriarchs. They know it well and are exploiting every potential argument they craft in order to pervert, change, ignore, dispense with or otherwise abolish those things they want eliminated in order to 'make the government better'.
They are NOT delinquent. They are deliberate.
Turning our enumerated inalienable Rights into government-granted and regulated privileges is the full-bore movement now.
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