The Misunderstood and Deliberately Misinterpreted Second Amendment of the Bill of Rights

Part 2

In searching information on the Second Amendment, I came across the following article: If you wish to copy or repost any parts of this article, please go to the original source, and be sure to credit Rich Mason and his web site: Tennesseefirearms dot com. I continue with Points 2 and 3 of his lengthy article.

By Rich Mason, Bartlett, TN
Copyright © 1999, 2000 - All Rights Reserved.
May be reprinted, retransmitted, and broadcast on a not-for-profit basis.Point 2: The Constitution is a Limitation on the Power of Government and the Bill of Rights is not an inclusive listing of personal rights. While the Bill of Rights enumerates certain rights, the oft-overlooked 9th Amendment to the Constitution states:

"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

The Bill of Rights is not intended to be an inclusive statement of our rights. All of our rights are to be equally protected under the Constitution, whether enumerated or not. The Constitution, in general, and Bill of Rights, in particular, are intended to be limitations upon the power of the federal government.

Point 3: The Right to Keep and Bear Arms is an Inviolable Personal Right. It is clear from the words of the men who founded this country that the right to "keep and bear arms" is an inviolable personal right and that there are good reasons for it to exist and to be protected by the Second Amendment. This is not a subject for debate, except for those ignorant of our history or those that purposely wish to debase the American citizenry under the tyranny of government and ultimately into subjugation. Anyone who holds the position that the American people do not possess an individual right to keep and bear arms, or that it may be legislated away through gun control laws, is ignorant of the basis upon which this country was founded; including the means by which the founders intended for us to maintain our personal liberties.

"This may be considered as the true palladium of liberty .... The right of self defence is the first law of nature: in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any colour or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction" -- St. George Tucker, Judge of the Virginia Supreme Court and U.S. District Court of Virginia in Blackstone Commentaries, 1803

"That the Constitution shall never be construed to authorize Congress to infringe on the just liberty of the press or the rights of conscience; or to prevent ‘the people’ of the United States who are peaceable citizens from keeping their own arms… " -- Samuel Adams in arguing for a Bill of Rights, from the book "Massachusetts," Pierce & Hale, 1850 pg. 86-87

"The great principle is that every man be armed.... everyone who is able may have a gun." -- Patrick Henry

"As civil rulers, not having their duty to the people duly before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the article in their right to keep and bear their private arms." -- Tench Coxe in "Remarks on the First Part of the Amendments to the Federal Constitution," under the pseudonym "A Pennsylvanian" in the Philadelphia Federal Gazette, June 18, 1789.

"Laws that forbid the carrying of arms... disarm only those who are neither inclined nor determined to commit crimes... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man." -- Jefferson's "Commonplace Book," 1774-1776, quoting from On Crimes and Punishment, by criminologist Cesare Beccaria, 1764

"[The Constitution preserves] the advantage of being armed which Americans possess over the people of almost every other nation...(where) the governments are afraid to trust the people with arms." -- James Madison, Federalist, No. 46.

I would like to point out in Mason's article, he states two things is one sentence: 1. That The Constitution is a Limitation on the Power of Government and 2. the Bill of Rights is not an inclusive listing of personal rights.

The rights are already there as the creators of the constitution believed, that they were granted by God, and should be rights to all people on the earth. But sadly, this is not the case by far. The Bill of Rights is to limitthe power of the federal government--created by the states to serve the states and its citizens.

So You Want To Take Your Country Back--Part 4!

Part 4–Repeal the Seventeenth Amendment

What is the Seventeenth Amendment, and why should it be repealed? The Seventeenth Amendment (Amendment XVII) to the United States Constitution was passed by the Senate on June 12, 1911, the House of Representatives on May 13, 1912, and ratified by the states on April 8, 1913. The amendment supersedes Article I, § 3, Clauses 1 and 2 of the Constitution,... Wikipedia.

The Seventeenth Amendment to the U.S. Constitution:

“The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.”

The Seventeenth Amendment ratification was a deadly blow to States’ Rights, and Federalism.

Article 1 of the Constitution originally stated that, “The Senate of the United States shall be composed of two Senators from each state, chosen by the legislature thereof, for six years; and each Senator shall have one vote.

In their wisdom, the founders of the Constitution in order to preserve the sovereignty of the several states, gave each state senator, selected by the legislatures of said states, one vote. Senators voting against the interests of their states could be recalled and replaced. The founders wanted the United States to be a Democratic Republic, not a Democracy. There is a major difference.

The Seventeenth Amendment changed that, giving the vote to the people, who were already represented by the House of Representatives. The amendment was passed by the senate June 12, 1911, and by the House of Representatives May 13, 1912. It was ratified by the states on April 8, 1913. The amendment supersedes Article I, & 3, Clauses 1 and 2 of the Constitution, transferring Senator selection from each state's legislature to popular election by the people of each state. This was a subterfuge sneaked into the constitution by progressives who were stymied by the senators previously voting for the interests of their respective states. After the passage of the Seventeenth Amendment, Senators gradually became more loyal to their political parties than to the states they represented.

Now, to bring this all to the present in the Senate. If the original provision for selecting senators were still in effect, the states could have had immediate input and influence in the health care bill, or could kill it completely. They could recall and replace senators who are pushing laws, which are not supported by the states. Now, various states are passing laws or preparing state constitutional amendments nullifying certain provisions of the recently passed Obamacare bill.

In the primaries and general election in November 2010, we must select senators and members of the House of Representatives who will have in their platforms, a promise to repeal the Seventeenth Amendment, and to return certain sovereign rights back to the individual states.

The Seventeenth Amendment: Death blow to State's Rights

The Seventeenth Amendment allows the Democrats in the Senate To Jam The Health Care Bill Down The Throats of The States

BILOXI, Miss. - The nation’s governors, Democrats as well as Republicans, voiced deep concern yesterday about the shape of the healthcare bill emerging from Congress, fearing that the federal government is about to hand them expensive new Medicaid obligations without providing the money to pay for them. The Boston.Com.

The Seventeenth Amendment (Amendment XVII) to the United States Constitution was passed by the Senate on June 12, 1911, the House of Representatives on May 13, 1912, and ratified by the states on April 8, 1913. The amendment supersedes Article I, § 3, Clauses 1 and 2 of the Constitution,... Wikipedia.

The Seventeenth Amendment ratification was a deadly blow to States’ Rights, and Federalism. Article 1 of the Constitution originally stated that, “The Senate of the United States shall be composed of two Senators from each state, chosen by the legislature thereof, for six years; and each Senator shall have one vote.” In their wisdom, the founders of the Constitution in order to preserve the sovereignty of the several states, gave each state senator, selected by the legislatures of said states, one vote. Senators voting against the interests of their states could be recalled and replaced.

The Seventeenth Amendment changed that, giving the vote to the people, who were already represented by the House of Representatives. The amendment was passed by the senate June 12, 1911, and by the House of Representatives May 13, 1912. It was ratified by the states on April 8, 1913. The amendment supersedes Article I, & 3, Clauses 1 and 2 of the Constitution, transferring Senator selection from each state's legislature to popular election by the people of each state. This was a subterfuge sneaked into the constitution by progressives who were stymied by the senators previously voting for the interests of their respective states.

Now, to bring this all to the present in the Senate. If the original provision for selecting senators was still in effect, the states could have immediate input and influence in the health care bill, or could kill it completely. They could recall and replace senators who are pushing laws, which are not supported by the states.

In the primaries and general election in November 2010, we must select senators and members of the House of Representives who will repeal the Seventeenth Amendment, and vote for term limits. These two provisions alone will eliminate the senatorial dynasties which have done nothing but to serve the special interests, which contribute to those senators favoring them in earmarks and passing pork barrel legislation.