My 2d Amendment Rant

My 2d Amendment Rant

The right of the people to keep and bear arms is in question. Just who are "the people"? We the people - we are a collective, our society, not a group of individuals but we as a whole - we as one nation. The authors of the amendment are also those who authored the document as a whole. It starts "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense…". So the right of "the people" to keep and bear arms really means we as a nation have the right to defend ourselves; to provide for the common defense of our nation. We keep the arms that enable this defense in our military armories, we bear them in times of war against our enemies. 

Should we repeal the second amendment? Perhaps, I am not trying to suggest that here, but we need to understand and enforce the entire constitution. We can't pick a single line from it and set policy accordingly, while ignoring the rest of the document.

In brief:

Article 1 Section 8 says that the Congress arms the Militia

re: [Congress shall have the power]  

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

Article 2 Section 2 says the President is in charge of the Militia

re:The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States;

And yes, Amendment 2 says that a Militia is important to the security of the nation: 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.

The Constitution also says the Militia is to be used to fight against insurrection (again Article 1 Section 2)

re: [Congress shall have the power] 

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

The arms you have the right to keep and bear are to be supplied to you by the government. This duty is carried out as "the people" keep and bear arms as part of a "well regulated militia" (read: The US Armed Forces) This is CLEARLY outlined in Article 1 Section 2: Congress shall have the power to... provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress… This describes the Armed Services and the State National Guards. The formation of a private army in not protected by the US Constitution.

So your going to Walmart to buy an AR does NOT make you part of a Militia. If you decide to take up arms against the government, you are an insurrectionist, not a patriot. 

We the people, as a nation, have decided that private weapon ownership is a right to be protected. We have also decided that permits are required to carry that weapon concealed on one's person. We have not regarded that permit requirement as an infringement on the right to carry that weapon. We have laws against owning a fully functional tank, or a fully equipped F-16A fighter jet. These restrictions are not generally considered infringements on the right to bear arms. Therefore the right to bear arms is not absolute, although reasonable weapon ownership is protected. In a modern society, the rights and privileges of every citizen must be taken into account when passing the laws that govern us all. Providing for the common defense must be balanced with promoting the general welfare. The general welfare of us all, our common safety, is put at risk when we allow any citizen to possess a weapon. There must be oversight and regulations governing who can and who can not own a firearm. So if the regulation of weapons is required to promote the general welfare, that is what we must do. That  is our constitutional duty to each other as a nation; as We the People.

http://www.archives.gov/exhibits/charters/constitution_transcript.html

http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html