Showing posts with label bill of rights. Show all posts
Showing posts with label bill of rights. Show all posts

Saturday, January 12, 2013

Different ways to interpret the 2nd Amendment

I wrote this a couple of years ago.  Figured that today would be a good time for a re-post. 

There's usually a lot of noise and confusion surrounding the 2nd Amendment, the section in our Bill Of Rights which, in my opinion, gives me the right to own guns. 

The amendment reads as follows:

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.


There it is, sitting in the second seat of the bus, with all the other restrictions on government power. 
Every other bullet point in the Bill Of Rights is designed to limit the power of government in relation to the governed, and we drift off into silliness when we try to see Amendment #2 through any other lens.   The 2nd Amendment, just like all the others, is meant to protect us from government, just like the other nine amendments in the Bill Of Rights. 

Unfortunately, after years of court cases brought by the Nanny State, this is how many of us now see the original intent of the amendment:

Since our government needs an army to preserve freedom and ward off foreign invaders, we grudgingly admit that members of our primitive Citizen Militias should be allowed to own weapons. 

And since we no longer have a Citizen Militia that has to get out of bed in the middle of the night to fight the Redcoats, we no longer have a need for guns in our homes.  Or so they would have us believe. 

The guys who composed the Bill Of Rights wanted to put some severe limits on government power.  They knew that if left unchecked, without ironclad protections, the governing class would try to restrict freedom.  I don't understand the mindset of nannies and busybodies, but the last 10 years have seen an alarming rise in those pesky species of political varmints.   Most libertarians share that concern with The Founders.  Mostly because they believe that the 2nd Amendment, just like all the others, is meant to protect us from government, just like the other nine amendments in the Bill Of Rights !!

Go here and browse through the complete Bill Of Rights.  Look at how they're worded.  Many of them have a little disclaimer that grudgingly admit that, dammit, some level of government is necessary.  But look at the phrases used:

....but in a manner prescribed by law.
....but upon probable cause....
....unless on a presenment or indictment....
....shall not be construed to deny or disparage others retained by the people.


In these amendments, The Founders are saying that because of the necessary evils of courts, trials, responses to emergencies, and the occasional need to search a house, there are going to be certain rules in place to ensure that government doesn't go too far. 

In Amendment #2, The Founders agree that the government needs a militia.  The militia is a necessary evil, no more, no less. 
But because the government gets to have a militia, and government always needs to be held in check, guess what?  Well, the right of everyone else to keep and bear arms shall not be infringed. 
Here's an interpretation of the 2nd Amendment that I believe is much closer to the original intent:

Since a government militia is an unfortunate necessity, and we have a distrust of government in all its forms, the citizens who are not members of the militia have a duty to keep and bear arms.  Just in case the government's militia starts getting uppity. 

If you read that version in the context of the other nine government restraints in the Bill Of Rights, the wording makes a lot more sense, doesn't it? 


The 2nd Amendment cartoon came from here. 

Saturday, November 17, 2012

Libertarians And The TSA

Garry Reed at The Libertarian Examiner recently emailed me about a bill going through the Texas House of Reps, allegedly designed to minimize TSA patdowns and groping.    

What is the Libertarian Party's stance on fondling by the TSA?  

Well, the LP's stance matches what everybody's stance on this question oughta be. 

The Fourth Amendment. 
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
If a private organization wants to require that anyone entering their property be searched, patted, x-rayed, or probed, that's between them and their guests/customers. But the government cannot be involved in that activity without probably cause.


Pretty simple.  Glad I could clear that up for everyone. 


Friday, August 10, 2012

Control THIS !!!!

Dear Whited,

Defense Distributed, a libertarian student partnership, is announcing a project they're calling the Wiki Weapon. This project's goal is to test and prove a design for a completely printable, one-use ABS plastic .22 handgun, and to take that design from CAD and port it to a .STL file that will then be freely shared across all major file-sharing platforms to the world. DefDist is anticipating a world where 3D printing becomes much more economical and ubiquitous, and the Wiki Weapon will be one step in providing political and personal leverage to the peoples of that world. The value of such a file's existence in the future cannot be overstated.

We ask that you please share the project or its video, located at http://PrintableGun.com and http://Indiegogo.com/wikiwep, with your readers and help spread the word that there are intellectual entrepreneurs dedicated to preserving Liberty in a time of almost unopposed statist planning.

Please find the attached press release for your convenience.



Monday, July 30, 2012

Liberty Speaker Series - Guns, The 2nd Amendment, and You

"The right of the people to keep and bear arms shall not be infringed."

Sounds simple, doesn't it?

The Bill Of Rights is a list of ten rules to protect citizens from their government. If the government gets to have a militia, then the people get to have guns.


So why the controversy about gun rights?  If crazies, outlaws, and criminals have guns, shouldn't the populace be allowed to defend itself?  That's the subject for our next Liberty Speakers Series. We're getting together at the Radisson Hotel at 2540 Meacham Boulevard in north Fort Worth, 7:30 p.m. on Thursday, August 2nd.

(BTW, I scheduled this event before the mass-murder in Colorado.  I'm not intending to exploit the issue.  But folks, it's now possible to make a gun with a 3D printer.  They're not going away.) 

We have a great trio of speakers from two great organizations.

Scott Harmon is a Political Event Volunteer Coordinator with the National Rifle Association. He (and his family!) have worked tirelessly for years to protect the 2nd Amendment, publicize threats to your gun rights, and to educate the public about the pressures that are brought to bear on lawmakers in Washington and Austin. Scott comes to us highly recommended by the NRA's national office. After a few telephone conversations, it's safe to say that this won't be Scott's last speaking event for a Libertarian audience (Hello, Dallas County !) Scott makes some of us sound like Marxist Vegetarians. You don't want to miss hearing Scott Harmon talk about your gun rights, especially in today's political climate.



David Stroud is the First-Vice President of the Texas State Rifle Association, an organization founded in 1919 to protect (and expand) the rights of Texas gun owners. David got into the TSRA to participate in some of their competitive shooting events, liked what he saw, and began working in various administrative and leadership jobs in the organization. David will talk to anyone, anywhere, and any time about gun rights. He once took the TSRA booth to the Texas State Democratic Convention. Now that is commitment !!


Larry Keilberg is head of the National Association For Legal Gun Defense, an organization that provides legal aid for anyone who fights back against a criminal.  (Larry and his management team are a recent addition to this event.)  All members of the NAFLGD have an automatic $10,000.00 defense fund at their disposal should they be involved in a defense-related incident.  Their team of lawyers (Fort Worth based, BTW) is at your disposal. 


After we hear from Scott, David and Larry talk about their organizations, their importance, the latest threats in the state and national legislatures, they'll be taking some questions from you.

This will be an oustanding evening with some great speakers for a great liberty-minded audience. Hope to see you there ! Thursday, August 2nd, 7:30, at the Radisson Hotel at I-35 and Meacham Boulevard.

Monday, November 22, 2010

How to interpret the 2nd Amendment

There's usually a lot of noise and confusion surrounding the 2nd Amendment, the section in our Bill Of Rights which, in my opinion, gives me the right to own guns. 

The amendment reads as follows:

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.


There it is, sitting in the second seat of the bus, with all the other restrictions on government power. 
Every other bullet point in the Bill Of Rights is designed to limit the power of government in relation to the governed, and we drift off into silliness when we try to see Amendment #2 through any other lens.   The 2nd Amendment, just like all the others, is meant to protect us from government, just like the other nine amendments in the Bill Of Rights. 

Unfortunately, after years of court cases brought by the Nanny State, this is how many of us now see the original intent of the amendment:

Since our government needs an army to preserve freedom and ward off foreign invaders, we grudgingly admit that members of our primitive Citizen Militias should be allowed to own weapons. 

And since we no longer have a Citizen Militia that has to get out of bed in the middle of the night to fight the Redcoats, we no longer have a need for guns in our homes.  Or so they would have us believe. 

The guys who composed the Bill Of Rights wanted to put some severe limits on government power.  They knew that if left unchecked, without ironclad protections, the governing class would try to restrict freedom.  I don't understand the mindset of nannies and busybodies, but the last 10 years have seen an alarming rise in those pesky species of political varmints.   Most libertarians share that concern with The Founders.  Mostly because they believe that the 2nd Amendment, just like all the others, is meant to protect us from government, just like the other nine amendments in the Bill Of Rights !!

Go here and browse through the complete Bill Of Rights.  Look at how they're worded.  Many of them have a little disclaimer that grudgingly admit that, dammit, some level of government is necessary.  But look at the phrases used:

....but in a manner prescribed by law.
....but upon probable cause....
....unless on a presenment or indictment....
....shall not be construed to deny or disparage others retained by the people.


In these amendments, The Founders are saying that because of the necessary evils of courts, trials, responses to emergencies, and the occasional need to search a house, there are going to be certain rules in place to ensure that government doesn't go too far. 

In Amendment #2, The Founders agree that the government needs a militia.  The militia is a necessary evil, no more, no less. 
But because the government gets to have a militia, and government always needs to be held in check, guess what?  Well, the right of everyone else to keep and bear arms shall not be infringed. 
Here's an interpretation of the 2nd Amendment that I believe is much closer to the original intent:

Since a government militia is an unfortunate necessity, and we have a distrust of government in all its forms, the citizens who are not members of the militia have a duty to keep and bear arms.  Just in case the government's militia starts getting uppity. 

If you read that version in the context of the other nine government restraints in the Bill Of Rights, the wording makes a lot more sense, doesn't it? 


The 2nd Amendment cartoon came from here.