From the preamble to the Bill of Rights:
"The conventions of a number of the states, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its (Congress) powers, that further... declaratory and restrictive clauses... should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution."
The framers added this preamble and the Bill of Rights to protect us from people who seek to subvert and destroy the rights we all inherently have.
2A:
A well-regulated Militia, (declaratory clause)
being necessary to the security of a Free State, (declaratory clause)
the right of the people to keep and bear Arms, (declaratory clause)
shall not be infringed. (Restrictive clause)
Gun grabbers and the anti-free speech crowd may hate the U.S. Constitution, but it's still the supreme law of the land. And it is most certainly not a living document.
When applied to the Constitution the term living document is used for evisceration of the Constitution and usurpation of power. It always increases federal power. It never reduces or limits power.
That runs 100% counter to the intent of the Constitution and the founding of our Constitutional Republic itself.
The framers stated many times the Judicial branch was to be the weakest of the three branches. Apply the rules from the preamble to the Bill of Rights and the meaning of 2nd becomes very clear.
Trying to reinterpret The constitution/legal document as a living one is dangerous and wrong. It gives supreme power to the courts and Judicial review of the Constitution itself (A power never granted to the judicial branch) and weakens the checks and balances we have in place. It gives too much power over everyone to a select/small group of Justices.
I wish everyone would really research the intent behind the Constitution.
Read the Constitution. Study the Declaration of Independence, the Federalist and Anti-Federalist papers and George Washington’s farewell address.
1786-1800 < Documents < American History From Revolution To Reconstruction and beyond
^Good resource for anyone wanting access to just about every historical document to research for themselves.
The founder’s own words provide the blueprint for understanding:
Jefferson voiced this admonition: “On every question of construction, carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed.”
“What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance. Let them take arms.” – Thomas Jefferson, letter to James Madison, Dec. 20, 1787.
“A free people ought not only to be armed, but disciplined.” – George Washington, First Annual Address to both houses of Congress, Jan. 8, 1790.
“I prefer dangerous freedom over peaceful slavery.” – Thomas Jefferson, letter to James Madison, Jan. 30, 1787.
“The Constitution of most of our states (and of the United States) assert that all power is inherent in the people; that they may exercise it by themselves; that it is their right and duty to be at all times armed.” – Thomas Jefferson, letter to to John Cartwright, June 5, 1824.
“To disarm the people…is the most effectual way to enslave them.” – George Mason, referencing advice given to the British Parliament by Pennsylvania governor Sir William Keith, The Debates in the Several State Conventions on the Adoption of the Federal Constitution, June 14, 1788.
“The Constitution shall never be construed to prevent the people of the United States who are peaceable citizens from keeping their own arms.” – Samuel Adams, Massachusetts Ratifying Convention, 1788.
“The people are not to be disarmed of their weapons. They are left in full possession of them.” –Zachariah Johnson (delegate to Virginia Ratifying Convention), Elliot’s Debates, vol. 3, “The Debates in the Several State Conventions on the Adoption of the Federal Constitution.”
:fencing:
