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The Second Amendment Under Fire PDF  | Print |  E-mail
Written by David Eisenberg   
Monday, 26 January 2009 11:11

The Second Amendment to the Constitution simply 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."

Minuteman statueNonetheless, there are those in the House of Representatives and the Senate, who continue to offer legislation infringing on the rights of the people. The latest being controls on ammunition being considered. The most common example of this type of legislation is now proliferating across the states. As the The New American magazine has reported in recent days, these are all very similar to the 2005/6 California legislature ammunition serialization bill, AB 352.

The New American, a JBS affiliate publication, reported: “AB 352 was passed by both houses of the California legislature, but died in conference on November 30, 2006. Similar bills are now spreading across the nation for review under the new more liberal 2009 array of state legislators.”

Ammunition legislation is a very subtle means of attacking the Second Amendment. Some foes of this important part of the Bill of Rights prefer more frontal attacks. Some, for instance, claim the Militia no longer exists therefore the 2nd Amendment is no longer pertinent. However the courts have stated that the right to bear arms belongs to the people, and is an individual right. This was the finding, for instance, in the D.C. v. Heller case that was before the Supreme Court in 2008.
 
There are two additional Amendments which apply. The Ninth states: "The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people." One of the fears, at the time of the writing of the Constitution, was that by providing some enumerated rights in the form of a bill of rights, that some in the government would assume that the sphere of government power was thus enhanced in all the areas not enumerated. The Ninth Amendment was thus crafted specifically to prevent the growth of government power and regulation in those many areas not enumerated and to protect the rights of the people from an ambitious government. As James Madison explained:

It has been objected also against a bill of rights, that, by enumerating particular exceptions to the grant of power, it would disparage those rights which were not placed in that enumeration; and it might follow by implication, that those rights which were not singled out, were intended to be assigned into the hands of the General Government, and were consequently insecure. This is one of the most plausible arguments I have ever heard against the admission of a bill of rights into this system; but, I conceive, that it may be guarded against. I have attempted it, as gentlemen may see by turning to the last clause of the fourth resolution.

Thus the Ninth amendment, which prohibits the government from infringing upon rights retained by the people though not enumerated, and this applies in many areas, not least with regard to issues related to the right to keep and bear arms.
 
Similarly, the 10th Amendment states: "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."
 
The Congress of the United States, all too often, chooses to ignore these Amendments because it desires to knowingly violate its delegated authority.
 
It is a time past due for American citizens to call a halt to these violations and require that their elected officials are made to understand that when accepting their office they swore an oath to defend the Constitution from "all enemies, foreign and domestic." This can only happen when all citizens work together to stay up-to-date on the actions of Congress and then put pressure on their elected representatives to vote in keeping with their oaths of office.


David EisenbergDavid Eisenberg served in the U.S. Army during World War II. After the war he earned a degree in aeronautical engineering which led to a 40-year career as a project engineer for the Hughes Aircraft Company. Mr. Eisenberg was appointed to the JBS Council in 1995.

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danwhitehead1 said:

742
I say again - - -
As I've pointed out before, our "leaders" now seem to view the people as subjects and themselves as rulers. Even more offensive, is the apparent arrogant attitude that the positions they hold are a right rather than a privelege. I'm scared to death that the only way to stop them will be by the application of brute force.
 
January 26, 2009
Votes: +8

RichardR369 said:

112
Brute Force
Unfortunately it looks like brute force will be necessary. Only when a long stream of direct offenses causing people to wake up will that occur. Right now it's all under the radar screen.
 
January 26, 2009
Votes: +2

MarkGlen said:

0
President Obama, the one worlder
I look for Obama to try to take our guns from us and also put us under the authority of the United Nations.
 
January 26, 2009 | url
Votes: +0

GaryRLewis said:

5410
Continental Congress (not the con-con)
Please view the following link, very important

http://www.youtube.com/watch?v=OBxTySY-Pzg&eurl=http://www.restoretherepublic.com/category/take-action
 
January 26, 2009
Votes: +1

Dave B said:

355
Free state
The Federal Government continues to take all power from the states as we move closer to a Fascist Police State.

Not only do people have the right to bear arms, but the states themselves should start re-arming, as this financial crisis is driving States out of business and moving all financial wealth and power to the Federal Government.
 
January 27, 2009
Votes: +6

Peter Steele said:

0
RE: My Mwssage To National Rifle Association
I told the National Rifle Association of which I am a member to join forces with Gun Owners of America, Citizens Right To Keep An Bear Arms, Jews For The Preservation of Firearms and The Second Amendment Foundation if it expects to survive Barack Obama and Joseph Biden. I had given money to the Second Amendment Foundation for as much as I could afford it. Congress has to be Constitutional as it was in 1787. I had been shelling out scarce and precious money to fight the communists and socialists in our own country after my late father RADM Peter Steele, USN exposed them. BGen Peter F. Steele, USMC [Ret]
 
January 27, 2009
Votes: +4

danwhitehead1 said:

742
A message to the limp wristed, the spineless, the power hungry and the criminals
Don't you folks worry your pointy little heads. I predict that soon you will get your wish and honest people will not be allowed to own weapons nor to even defend themselves. Soon the only people who will have weapons will be government agents and criminal scum (now there's a redundancy if there ever was one).
 
January 28, 2009
Votes: +2

cfrsucks said:

0
Second Second Amendment
"A disarmed citizenry, being necessary to the security of a police state, the right of the government to ban and confiscate arms shall not be infringed". This is pretty scary, isn't it? This is pretty much how the Establishment elitists would like our Second Amendment to read. I know that both NRA and GOA have stated that if any attempt to pass new gun control laws is made , the people will vote the anti gunners out in 2010. While it would be nice to vote them out, the problem lies in the fact that alot of damage to the Constitution can occur before then.
 
February 02, 2009
Votes: +0

danwhitehead1 said:

742
I still maintain
That the only thing that will stop these swine and put the fedgov back in its proper place (i.e. under the authority of the People and the States) is a replay of 1776. The whole thing is too far out of order. There are too many who wrongly believe that they have a right to rule, and that needs to be corrected. A public example needs to be made of the worst offenders and then, hopefully, the rest will see and fear.
 
February 05, 2009
Votes: +3

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Author of this article: David Eisenberg