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United States Constitution Amendments
It is well to remember the words of James Madison as we search for truth in government and understanding in this Amendment.
The operative words in this Article are "the right of the people to keep and bear Arms SHALL NOT be infringed." Let it be borne in mind that ALL of the first ten Articles of Amendment are of national effect, are declaratory and restrictive, superceding all contravening portions of the national and state constitutions.. Any and all laws, rules, regulations, proclamations, etc., Pro or Con, which may be entered in the record, addressing these freedoms are UNCONSTITUTIONAL and therefore NULLITIES. Each phrase of this succinct statement of purpose and restriction upon the Congress and upon the Federal Government is re-stated below with definition and explanation of its sources and its application.
Most Americans today believe that the National Guard is the Militia reserved to the states in the State Constitutions and the Constitution of the United States of America. Nothing could be further from the TRUTH. The National Guard did not exist from the beginnings of the Republic until 1903 when it was instituted and created by Congress as the Act of January 21 , 1903, known by the name of its sponsor as "The Dick Act". In 1982 the Senate Judiciary Committee Sub-committee on the Constitution stated in Senate Document 2807:
All the arms, munitions, armament and equipment of the National Guard is owned and controlled by the federal government, not by "the people" as clearly stipulated in the last phrase of the Second Amendment.
The Unorganized Militia consists of all able bodied persons of the nation and of the states between the ages of 17 and 44, and is exclusive of all members of the organized militia, i.e., the Armed Forces of the Federal Government of the United States and of the National Guards of the various states of the Union. Title 10 U.S.C. 311. Militia: composition and classes
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in
section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens
of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are -
In the Colonial Declaration of Rights of October 19, 1765 it was complained that Kings had disarmed the people. Of course the colonists were by force of early circumstances bearers of arms. This prohibition upon the Nation means that it can never interfere with the people who make the militia of the States; and that therefore the States will always have the means to check by physical force any usurpation of authority not given to the Nation by the Constitution.
shall not be infringed"
This right already existed. Maryland and Virginia had such provisions in their constitutions when the Constitutional Convention sat, as do all States at this time. These are prohibitions binding upon the States to preclude infringement of this right of the people by each of the individual States. The Founders of our Nation and the Framers of the Constitution were well aware of the dangers of the tyranny and treason of a run-away governmental bureaucracy and had a very PRIMARY reason for the inclusion of the Second Amendment to the Constitution. Let's let them speak for themselves:
"It is not the function of the government to keep the citizen from falling into error; it is the function of the citizen to keep the government from falling into error." ---- U.S. supreme Court Justice Robert H. Jackson
For a more complete discussion of the Second Amendment to the Constitution see "The Constitution of the United States, Its Sources and Its Application" It is of great interest to note that in the ensuing years since this Amendment was ratified that commas have been inserted after the words "Militia" and "Arms", providing misconstruction of a very explicit restriction on the legislatures and the government. These commas appear in virtually all presentations of the 2nd Amendment today, including the official NARA presentation, and in no early publication that we have found to date. The correct wording as presented to the People of the States, and their conventions for ratification, and from which they could not deviate, is shown in this image of the "True Bill" and also in The Federalist On The New Constitution, 1796, Page 16 showing the first 4 amendments. See also the discussion of the first twelve Amendment proposals. In June 1999, I finally found a current Government presentation of the Constitution, sponsored by the United States Senate on the United States Government Printing Office web site, which has the 2nd amendment right... without the extra commas after the words Militia and Arms. The interpretation of the words "Well Regulated" at the time that the Amendment was written was in the context of a field piece ("the militia of able bodied citizens, organized or not, is the "field piece" of the American people"). A well regulated field piece is fully manned, armed and equipped, aimed, accurate and ready to defend the rights and freedoms of the citizens. So also the description of a timepiece, "accurate, not deviating, precise and to the moment, in present time." The second clause is the bar against any and all Federal actions by any branch thereof... executive, legislative or judicial. The Second Amendment Stands as the Guarantor of All other Rights and of the Defense of the Constitution itself.
Declaration of Independence - 1776 Common Sense by Thomas Paine - 1776 Articles of Confederation - 1777 The Constitution of the United States, Its Sources and Its Application Our Enemy, The State by A. J. Nock The Classic Critique Distinguishing 'Government' from 'STATE' Undermining The Constitution by Thom. J. Norton A History of Lawless Government
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