Posted by
Marked in Pgh on Monday, May 19, 2008 4:31:52 PM
The Supreme Court is hearing a case against a gun ban in the District of Columbia. Liberals, like Obama, are now saying, though they are for people keeping arms, community standards should be considered. What community standards are there within the Federal District of Columbia, directly administered by the Federal government? If there is any place in America where the people have the right to keep and bear arms as part of a well regulated (self regulated, self drilled) Militia, it is within the Federal District, as an impediment to the ever increasing power of the Federal government.
Sophists on the Left always try to trip us up with new variations on the same misinformation. Perhaps they are simply conveying their own stupidity. What exactly did Obama learn at Harvard Law School before becoming, not surprisingly, a community organizer trying to infringe on the Constitution by organizing special interest groups called communities? It wasn't fine points of law, only the fine shading of meaning in rhetorical debate. Or maybe he sees a difference in citizens of the various states and those within the District of Columbia? After all, the residents of the District of Columbia can not have officers appointed by their resident state as emphasized by Alexander Hamilton in Federalist Paper 29, because they are not residents of any of the various states. They are still full and individual citizens. The people (citizens) of D.C. are protected by the Second Amendment, as they are part of the Militia and the Militia is the whole of the people, according to George Mason, the author of the Virginia Bill of Rights, which was the model for the Constitution's Bill of Rights. They are citizens of the Federal District who still have the right to keep and bear arms, even in the shadow of the Federal buildings of Washington. That has nothing to do with simply manipulated community standards, it has everything to do with Constitutional rights. Right now, the only people who have the right to keep and bear arms, to be secure in their homes in Washington, D.C., are criminals and some government workers and officials. The government officials think they have the right as Federal workers. The criminals simply ignore the laws. Sometimes it's hard to tell the difference between the two local, privileged classes.
The Supreme Court, the Ninth Federal Circus Clowns of Appeal or any other federal courts have no jurisdiction relating to the possible infringement of the Second Amendment. The First Amendment clearly forbids Congress from making any law restricting First Amendment rights. The Second Amendment is not so limited to restricting just Congress. The Second Amendment states, in its entirety, "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." In the amendment, the people and State (states) are mentioned and are clearly not the parties to the Constitution being restricted or infringed upon. It was supposed to restrict/constrict the whole of the prospective new Federal government, including the Executive and Judiciary branches. All Federal regulations and all court cases infringing on the same subject are thus null and void. This means the Supreme Court has no right to decide a case involving the Federal District, nor can the Federal government make any restrictions within the District of Columbia, as the entire Federal government is denied from making any infringement of Constitutional rights. In this case, that is the Second Amendment right to keep and bear Arms.
Some will argue the Second Amendment is restricted to Congress. There is no such impediment in the Second Amendment. Both the First and Second Amendments are single sentences. The subject being curtailed in the First is Congress. The subject being curtailed in the Second is the whole of the Federal government.
The Second Amendment is as all restricting in regard to the entire Federal government as the Ninth and Tenth Amendments are and can never be violated. It can certainly not be restricted by community standards, which violates a free State from below and a free people and Militia from above. Nor can it be infringed by the Federal government, including the Supreme Court and any other Federal courts, only protected. Better yet, it should be left alone.