That Pesky Second Amendment

by Rick Olson

“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.” —Second Amendment of the Constitution of the United States of America, adopted on December 15, 1791

SECOND_AMENDMENT_DELETE_smallIn a world where liberals view the constitution as a, “living document”, whereby the meaning changes with the (downward spiraling) values of the nation at large, it is no wonder that so many contorted meanings emerge regarding the second Amendment.

And who can blame them? Our second amendment is the very antithesis to advancement and prosperity of an arbitrary socialist, Marxist oppressive state. It is this notion that absolutely frosts the left. The U.S. Constitution is an obstacle to progressivist notions so all there is left to do is nibble at it from around the edges.

The phrase “well-regulated” was in common use long before 1789, and remained so for a century thereafter. It referred to the property of something being in proper working order. Something that was well-regulated was calibrated correctly, functioning as expected. Establishing government oversight of the people’s arms was not only not the intent in using the phrase in the 2nd amendment, it was precisely to render the government powerless to do so that the founders wrote it.

The following are taken from the Oxford English Dictionary, and bracket in time the writing of the 2nd amendment:

  • 1709: “If a liberal Education has formed in us well-regulated Appetites and worthy Inclinations.”
  • 1714: “The practice of all well-regulated courts of justice in the world.”
  • 1812: “The equation of time … is the adjustment of the difference of time as shown by a well-regulated clock and a true sun dial.”
  • 1848: “A remissness for which I am sure every well-regulated person will blame the Mayor.”
  • 1862: “It appeared to her well-regulated mind, like a clandestine proceeding.”
  • 1894: “The newspaper, a never wanting adjunct to every well-regulated American embryo city.”

“I ask, sir, what is the militia? It is the whole people, except for a few public officials.”
— George Mason, in Debates in Virginia Convention on Ratification of the Constitution, Elliot, Vol. 3, June 16, 1788.

Many liberal-progressive jurists, liberal judges will assert our Constitution is a “living, breathing document,” implying that its text intended flexibility. Not True. The Constitution serves as a foundational set of rules, upon which are the basis for how we legislate and navigate our law. Like any other set of rules, The Constitution was meant to be strict and uncompromising, notwithstanding modification through an amendment process. And, through this amendment process any amendment subsequently ratified, becomes like the rest of the Constitution; rigid.

One of the most liberal and corrupt-thinking commentators of our time, Jeffrey Toobin, said this back in December in the New Yorker:

The battle over gun control is not just one of individual votes in Congress, but of a continuing clash of ideas, backed by political power. In other words, the law of the Second Amendment is not settled; no law, not even the Constitution, ever is.

Toobin is another one of the many legal scholars who believes in a living, breathing constitution, advancing arguments and opinions that the Supreme Court got it wrong on Guns and the current make-up of the court arises out of some right-wing conservative conspiracy hatched in the late 70’s, followed by the emergence of Ronald Reagan as President.

It always intrigues me how liberals like Toobin argue the court got decisions like Roe v. Wade, Buckley v. Valeo and other such lefty favorites right, Obamacare to name the latest, but somehow this court is a, “right wing shill.”

With the endless attacks by lawmakers in Washington on the Second Amendment, Toobin was certainly right in a sense that the law of the Second Amendment is not settled. Liberals view our constitution as an obstacle. Instructive is when Toobin will tell us, “not even the Constitution is ever settled law.”

Leave a Comment

  • http://granitegrok.com/author/mike Mike Rogers

    It is an integral part of the left’s ‘fatal conceit’. Because they believe that they know best, that THIS TIME, socialism (and mankind) can be perfected, how could they possibly respect as settled, such ancient wisdom that declares ‘human nature cannot be perfected, but these safeguards will help keep it in check’.

    • Scott Morales

      I love it when a Hayek reference makes it in, regardless if it’s intentional or not.

      • http://granitegrok.com/author/mike Mike Rogers

        My dear sir,
        Most definitely the Hayek references are intentional, just as the Orwellian references are intentional :)

  • IWKAGGP

    This gun control debate is getting pretty intense. Both sides are resorting to some drastic measures.

    On the left, you have teacher’s pension funds in NY, CA and elsewhere dumping any corporation that is at all connected with the manufacture of firearms and ammunition from their portfolios. As a teacher and gun owner I find this a bit much. I actually have been thinking of asking my financial advisor if I could move some of my investments INTO companies that manufacture firearms and ammo.

    Then on the right you have gun manufacturers who are upset with pending anti-gun legislation deciding they will no longer sell their product to law enforcement.

    It would appear that a major storm is brewing and that all this fervent pro and anti-gun sentiment will boil over at some point. I’d rather not have another revolution or civil war in this country around any issue – especially guns. I hope it will not come to that. I hope that both sides can reach some sort of consensus that protects our 2nd amendment rights and that somehow can curtail the mass shootings we’ve had recently.

    • C. dog e. doG

      Shall I posit a personal dilemma: what would Danny-boy do were a crazy to enter his classroom? Even more to the point, if Danny-boy were to scribe his own code of conduct to well regulate self, how might he prepare himself for such an assault?
      – C. dog flushing paatridges from the underbrush

      • IWKAGGP

        Well, currently I would follow our lockdown protocol. Myself and my students would sit quietly in our equipment room in the dark. It’s off of the main music room and has no windows and as such it is probably the most secure place in the building. A shooter would have to get through a wooden locked door, then a steel locked door, and the way the room is laid out and based on where I sit the kids he’d have to shoot his way through a heckuva lot more stuff before getting to flesh and bone.

        I don’t own a handgun, but if I did – and if the school would allow me – I would not feel uncomfortable carrying on campus. My only issue would be where to put it on my person so that it did not interfere with playing piano, guitar, saxophone, etc, etc, etc(notice I didn’t mention flute.)

        I bet that a lot of parents would have a problem however if our school instituted a policy of allowing teachers to carry in school. And since the parents (i.e. taxpayers) are ultimately our clients, I do not think our board or administration would attempt to pass such a policy.

        • Bubbles

          Your skill with grammar certainly won’t protect you….

          • IWKAGGP

            You’re G-dub T-dub, Aren’t you?!?!? Why were you and hubby not at the rat patrol gathering this afternoon?

        • C. dog e. doG

          Cogent stuff from a former flautist – who knew! Lucky you to have such a defensive arrangement. I guess your skool bored really takes music seriously to be so well protected. And a crazy would really, really have to hate your music class to go there first, rather than the other easy pickin’s. Unfortunately, that leaves those learnin’ to cipher and write in the lurch as the equipment for such does not require its own lock-down room. All that said, I would feel a lot safer if someone with hunting experience had the ability to defend against a crazy coot. More importantly, I’m sure the chilt’ren would be safer, feelings and such aside. I guess the parents, boreds, and Grate Ad Mins are really doin’ it for the chilt’ren … NOT!
          – C. dog calling Libtard bluffs

      • IWKAGGP

        ATTN Moderators: This person just posted the same post twice. When I do that I get a littlel error message that says, “Hey, you just posted the same post twice!” Apparently that apparatus is broken. C dog – I answered your query in the other thread in which you posted it.

      • Rick_GraniteGrok

        Kind of a moot “what if”… Fact is, lots of people, perhaps kids… will die…we already know that…and thats not Dan’s fault…that is the system he works in. Remember the UL Article shortly after Newtown where Educrats extolled the virtues of how safe Granite State Schools are? They are absolutely right! I mean, what are the odds that would happen here? But then again, what were the odds it would happen in Newtown? Anti-gun educrats create kill zones and the sad reality is teachers are forced to work in them….As for the “Private” School my kid attends…armed resistance to such attacks is SOP and I feel really good about that.

        • IWKAGGP

          So how many armed adults work in this private school? We only have one in ours . . . our SRO . . . but she can’t be everywhere at once.

          • Rick_GraniteGrok

            There isn’t a win here with you, is there? Why is it important, “HOW MANY?” some things are better left under disclosed or undisclosed….Let the first whack job who tries something try and figure it out.

        • C. dog e. doG

          Actually, I wasn’t presenting this as a case of Dan being at fault. I was actually curious what an anomaly such as he thought about his sitting duck status.
          – C. dog

    • granitegrok

      Just as in the Cold War, we saw “hot spots” flare up that served as proxy battles between Communism and what used to be Classic Western Liberalism (aka the Free World). We are now seeing the same thing where gun control is the hot spot between Progressivism (aka incremental Marxism) and American Constitutionalism.

      There is no compromise between those two philosophical end points for either The Proper Role of Government or the Supremacy of the Individual over the Collective.

  • Pingback: He Will Pry Your Guns From Your Cold Dead Hands — GraniteGrok()

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