21 heros standing for our Constitution
Nov 24th, 2009 by David Anderson
21 Delaware Lawmakers signed on to an Amicus Brief supporting the NRA’s position to incorporate the 2nd amendment right to keep and bear arms into the 14thAmendment’s liberty clause which would apply it to the states. I am so delighted with these 21 heros that I am breaking my self imposed break from writing posts this week (everything that you saw me write except the interview was from this weekend–I hated that I had beat CNBC to the punch on U-6 but don’t get credit). Unfortunately, we are 0 for 3 with our star congressional delegation.
Personally, I believe that the fact the second amendment does not limit itself to Congress or the federal government makes incorporation a moot argument. If Congress is responsible for insuring a militia exists, why would the states be allowed to take away their ability to be armed? The second amendment by its nature applies to the states and federal government. The right of the people is a natural one which may be lightly regulated, but can not be infringed upon. Maybe that is what our congressional delegation was thinking.
Due to current case law, I think incorporation is the best route to try even though it bothers me that the courts will think it their duty to review hundreds of state laws and thousands of city ordinances. I find that far less distasteful than tens of millions being denied a fundamental liberty. The bipartisan group of legislators deserve a hearty congratulations along with the other 1000 across America. Read the list and more about this in Lee Williams CRI Post.
See the 20th Amendment to the Delaware Constitution.
Uh David, it’s a NATURAL right..it should not be infringed upon…pretty simple.
Lee Williams piece alludes to that. It is stronger than the federal amendment. It specifically mentions the right of self defense.
Agreed. Should I embolden that line in my post?
“The right of the people is a natural one which may be lightly regulated, but can not be infringed upon”.
Yes David, you should embolden it. I don’t think the liberals can understand it yet.
That’s funny, by popular demand–it has happened.
i hope everyone who cares about this right will go to CRI through the link and see the list of names. Those who haven’t in awhile may want to check out the site. Lee Williams will have a guest post on here tomorrow. I had it up today for a bit, but it we had enough material for today and not enough for tomorrow.
David , you beat me to it. But I’m not sure you were clear enough in the fact that not one of our national elected officials signed this breif. Not Sen. Carper, not Sen. Kaufman, and not that tower of conservatism Rep. Castle. I could say that you would expect this from the first two , but actually you should expect it from all three.One more demonstration of why Mr. Castle must go !!
From Federalist 29, Hamilton:
“It requires no skill in the science of war to discern that uniformity in
the organization and discipline of the militia would be attended with
the most beneficial effects, whenever they were called into service for
the public defense. It would enable them to discharge the duties of the
camp and of the field with mutual intelligence and concert an advantage
of peculiar moment in the operations of an army; and it would fit them
much sooner to acquire the degree of proficiency in military functions
which would be essential to their usefulness. This desirable uniformity
can only be accomplished by confiding the regulation of the militia to
the direction of the national authority. It is, therefore, with the most
evident propriety, that the plan of the convention proposes to empower
the Union “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.”
Key words (which are in the Constitution);
“…and for governing such part of them as may be employed in the
service of the United States…”
Hence, by clear implication, the federal government, does not ‘govern’ the militia when not ‘employed’ in the ‘service of the government.’
And that’s from the mouth of HAMILTON….*shakes head* Does anyone else look at the founders and then look at todays politicians and wonder how the HELL we’ve moved SO far in such a short time? We’ve totally lost the identity the Founders gave us.
Post-modernists marvel at how much more intelligent we are today; they make the fatal error of confusing technological development (a linear progression) with intellectual progress.