Let’s Delve Into the Second and Tenth Amendments Shall We?
Al Ritter
To preface this article, please understand that I am
by no means a lawyer, nor would I ever want to be, but this particular subject
has baffled me for decades. I do however have the basic understand of the definitions
of specific wording.
Now our Constitution’s first 10 Amendments formed from
the Constitutional Convention of 1787 included in that writing were the first
ten Amendments known as our Bill of Rights. Later ratified on 1791.
Our forefathers thought that the right to bear arms was
so prominent that they placed it directly behind freedom of speech. The only 3
words that seem to be in contention are “A well regulated Militia,” which seems
to be the liberal interpretation by the left for the words Armed Forces. If you
read any of the Federalist Papers from our founding fathers it is clear that
Armed Forces, aka the Army is NOT what they have in mind while drafting the
Amendment. As you can see the yellow highlight on the Second Amendment below
gives that right to “the people” not just the military, but I digress.
Second Amendment:
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.
Tenth Amendment:
The powers not
delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States
respectively, or to the people.
Now the Tenth Amendment seems
pretty straight forward to me and of course part of our Bill of Rights also. It
basically says that powers not enumerated in the Constitution are to be handled
by the States. The intent was clear and plain to give the powers to the states
over the Federal Government.
Here is my sticking point
about anything on the Second Amendment. IT WAS MENTIONED in the Second
Constitutional Amendment and quite clearly I might add, so why do the States
have the power to regulate the right to keep and bear arms?
Maybe I’m missing
something by not being a lawyer. Why is it that the Supreme Court has only
ruled on District of Columbia vs Heller and not the whole idea of “shall not be
infringed?”
Update on Second Amendment ;
https://www.yahoo.com/news/supreme-court-democrats-react-new-york-gun-law-ruling-161325887.html
3 comments:
Funny you mentioned this, I've often wondered the same thing!
Neither Feds or the State should have ANY say in gun laws!
These states keep ignoring the Supreme Court rulings. How can the SCOTUS enforce their rulings?
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