The Bill of Rights

Why is it that some people think "The People", as used in the second amendment, is any different than its usage elsewhere in this wonderful document?

This document is called The Bill of Rights. Only people have rights! No government or organization can have rights! So the argument that the second amendment pertains to the National Guard, or other police or government organization is pure bunk.

The term Militia, as used in the second amendment, pertained to everyone EXCEPT government-paid solders. The word militia, as used by the men of the late 1700s, did NOT mean a government organization anymore than the words him or himself , as used in the fifth and sixth amendments, precludes women from exercising their rights. Unless you, like our president, want to quibble about what the word IS is.(grin)

One final word for those that would interpret the second amendment to apply only to agents of the government. What would you think of this proposed amendment 2.5?

A well-educated populace being necessary to the preservation of a free society, the right of the people to read and compose books shall not be infringed.

Should book reading and composing be limited to only the highly educated or government employees?

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

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.

No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

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.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

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

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.

Former ACLU national board member Alan Dershowitz has said:

Foolish liberals who are trying to read the Second Amendment out of the Constitution by claiming it's not an individual right or that it's too much of a public safety hazard don't see the danger in the big picture. They're courting disaster by encouraging others to use the same means to eliminate portions of the Constitution they don't like.

You may also want to see The Journalist's Guide to Gun Policy Scholars and Second Amendment Scholars.

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