The Right of the People


In an op-ed penned for the Eugene, Oregon Register-Guard, Matthew Dennis argues that there is no First Amendment freedom of expression. He also argues that there is no Fourth Amendment, Ninth Amendment, or Tenth Amendment protections. Of course he doesn't explicitly say that we don't have protections against unreasonable searches and seizures. Instead he argues that "the people" in the Second Amendment really means "the government". And that any attempt to argue otherwise disparages history and the Constitution.

...however such [gun rights] questions are resolved, we should not slaughter early American history - or assault constitutional principles - in the process. Gun advocates will need to make their case on its contemporary merits, because in fact the Constitution, specifically the Second Amendment, gives them no ammunition. An individual "right" to own firearms simply does not exist. [...]

To clarify, we need a refresher course in early American history, etymology, and perhaps grammar 101. The Second Amendment, added to the Constitution in 1791 along with nine others, is a charter member of the Bill of Rights. It reads, "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."

Why the ungainly opening clause? In the awkwardness of the sentence, there is purpose. It begins with the premise that explains the meaning and reason for the necessity of a "well-regulated militia" to ensure national security. It refers to "the State," not to individuals, and it expects security to be achieved not through individual action, but rather through militias that are "well-regulated," composed and subject to regulation by the state. [...]

Having established its reason for being, the Second Amendment stipulates "the right of the people to keep and bear Arms." Why not say "persons" or "a person," as in other amendments, or why not be specific by specifying "a citizen"?

Why does the First Amendment specifically enumerate "the right of the people peaceably to assemble". Clearly this refers to the right of federal, state, and local governments to assemble. And why protect freedom of "the press", an inanimate object used to print newspapers?

Dennis clearly flunked History as well as Grammar 101. What's more he apparently can't even read. If he could, he'd see that FIVE of the ten Constitutional Amendments that make up the Bill of Rights mention protecting the rights of "the people". (Including the Top Two)

Of course the Second Amendment applies to individuals. All the Amendments apply to individuals. That's the whole concept of a "Bill of Rights". Furthermore the Founding Fathers were more worried about standing armies than they were armed citizens.

Dennis adds:

The framers and initial amenders of the Constitution never discussed or ever imagined that they were enabling individual gun ownership.
Oh no?

"The great object is, that every man be armed ... Every one who is able may have a gun." -- Patrick Henry

"The best we can hope for concerning the people at large is that they be properly armed." -- Alexander Hamilton

" ... to disarm the people - that was the best and most effectual way to enslave them." -- George Mason

"What country can preserve its liberties if its rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms." -- Thomas Jefferson

"No Free man shall ever be debarred the use of arms." -- Thomas Jefferson

"A free people ought not only to be armed and disciplined but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government." -- George Washington

"Who are the militia? Are they not ourselves? Congress have no power to disarm the militia. Their swords and every other terrible implement of the soldier, are the birthright of an American." -- Tench Coxe, of Pennsylvania, The Pennsylvania Gazette, Feb. 20, 1788.

...just to name a few. But what do I know. I clearly don't have the grasp on history that Mr. Dennis has.


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