75 lines
4.5 KiB
Plaintext
75 lines
4.5 KiB
Plaintext
|
INTERPRETING THE MEANING & PURPOSE OF THE SECOND AMENDMENT
|
||
|
By: Bernadine Smith
|
||
|
|
||
|
The framers of the Constitution were quite skilled in the use and drafting
|
||
|
of the English Language. By putting the MILITIA at the forefront of the
|
||
|
sentence which composes the Second Amendment of the Bill of Rights, they
|
||
|
stressed the importance of the collective use of the right to arms. The
|
||
|
collective right used in this manner, has equal status with the individual
|
||
|
aspects of this abosolute right.
|
||
|
|
||
|
When the 1787 Consitution was ready to be submitted to the governors of the
|
||
|
states for ratification, Patrick Henry, the immortal voice for liberty,
|
||
|
lectured daily against it in the Virginia State House for three weeks,
|
||
|
criticizing the Constitution, warning that it has been written "AS IF ONLY
|
||
|
GOOD MEN WILL TAKE OFFICE!" He asked what they would do when EVIL MEN took
|
||
|
office. "WHEN EVIL MEN TAKKE OFFICE, THE WHOLE GANG WILL BE IN COLLUSION,"
|
||
|
he declared, "AND THEY WILL KEEP THE PEOPLE IN UTTER IGNORANCE AND STEAL
|
||
|
THEIR LIBERTY BY AMBUSCADE*!"
|
||
|
|
||
|
(* Entrapment from a concealed position)
|
||
|
|
||
|
Patrick Henry asked, "WHAT RESISTANCE COULD BE MADE IF THE PEOPLE HAVE NO
|
||
|
GUNS?" ... "YOUR GUNS ARE GONE!" ... "YOUR LAWS ON TREASON ARE A SHAM AND A
|
||
|
MOCKERY BECAUSE OF THEIR MUTUAL IMPLICATIONS." Henry told the Constitutional
|
||
|
Congress that a major reason for his objections to the Constitution was that
|
||
|
"IT DOES NOT LEAVE US THE MEANS FOR DEFENDING OUR RIGHTS OR WAGING WAR
|
||
|
AGAINST TYRANTS!" He Declared, "THIS CONSTITUTION WILL TRAMPLE ON YOUR
|
||
|
FALLEN LIBERTY!" Patrick Henry warned that the new federal government was
|
||
|
being given "TOO MUCH MONEY AND TOO MUCH POWER," and that it would end up
|
||
|
"CONSOLIDATING ALL POWER UNTO ITSELF," convert us "INTO ONE SOLID EMPIRE."
|
||
|
Amongst other things, one of the areas upon which he felt the need for
|
||
|
modification and limitation was the use of the treaty power, an area in
|
||
|
which he predicted that "THE PRESIDENT WOULD LEAD IN THE TREASON." His
|
||
|
fervor and graphic descriptions of "EXECRABLE TYRANNY" which would befall
|
||
|
the people if they could not take up arms against evil men who might take
|
||
|
office, placed Patrick Henry in the forefront of the effort to protect the
|
||
|
natural rights of the people. He wanted the immediate opening of another
|
||
|
Constitutional Convention to strengthen particular parts of the Constitution.
|
||
|
That suggestion not being workable, he proclaimed, "THE LEAST YOU CAN DO IS
|
||
|
GUARD IT WITH A BILL OF RIGHTS!"
|
||
|
|
||
|
Young James Madison, at the time, saw no need for a Bill of Rights, since
|
||
|
the new federal government was to exercise only those powers which were
|
||
|
delegated to them. Patrick Henry thus said, "LET MR. MADISON TELL ME WHEN
|
||
|
DID LIBERTY EVER EXIST WHEN THE SWORD AND THE PURSE WERE GIVEN UP FROM THE
|
||
|
PEOPLE? UNLESS A MIRACLE SHALL INTERPOSE, NO NATION EVER DID, NOR EVER CAN
|
||
|
RETAIN ITS LIBERTY AFTER THE LOSS OF THE SWORD AND THE PURSE." At first,
|
||
|
James Madison could not ever envision the possibility of tyranny happening
|
||
|
under this Constitution. However, Madison was later blocked from taking a
|
||
|
seat in the first Senate. That blow to a man who had been the Secretary of
|
||
|
the Constitutional Convention, caused Madison to re-think the probability
|
||
|
of danger. His promise to follow through with a proposed Bill of Rights
|
||
|
garnered support for him to take a seat in the first House of
|
||
|
Representatives. So it was that the Bill of Rights, palladium of man's
|
||
|
natural rights, was finalized on December 15, 1791 and it became the
|
||
|
un-revocable and superior part of the Constitution of the United States.
|
||
|
|
||
|
Patrick Henry placed all his hopes upon the viglance of the people of the
|
||
|
future to protect the liberty that he helped win the WAR of Independence, by
|
||
|
their standing behind the Bill of Rights, forbidding any infringement or
|
||
|
curtailment of not only the Second Amendment, but of the sworn oath taken
|
||
|
"TO SUPPORT AND DEFEND THE CONSTITUTION."
|
||
|
|
||
|
Thomas Jefferson, our Third President, supported the idea of a Bill of
|
||
|
Rights, confirming the authority of the people by saying: "THE STRONGEST
|
||
|
REASON FOR THE PEOPLE TO RETAIN THE RIGHT TO KEEP AND BEAR ARMS IS, AS A
|
||
|
LAST RESORT, TO PROTECT THEMSELVES AGAINST TYRANNY IN GOVERNMENT."
|
||
|
|
||
|
May the words that Patrick Henry spoke always be heeded through all the ages
|
||
|
to come, as he cautioned:
|
||
|
"GUARD WITH JEALOUS ATTENTION THE PUBLIC LIBERTY. SUSPECT
|
||
|
EVERYONE WHO APPROACHES THAT JEWEL! UNFORTUNATELY, NOTHING
|
||
|
WILL PRESERVE IT BUT DOWNRIGHT FORCE, AND WHENEVER YOU GIVE
|
||
|
UP THAT FORCE, YOU ARE INEVITABLY RUINED!"
|