ConstitutionCowboy
member
I meant to include this in the now-closed thread on [thread=459165]The battle over "reasonable" gun regulations[/thread]. Though I've posted it in the past, it is certainly relevant to the linked thread as well as it stands on it's own. I believe it can inspire more thoughtful discussion and I would like to hear from those who commented on the linked thread as well as from anyone else who would like to chime in.
Please don't drag it into the nuclear wasteland, OK? There is a way for fissionable materials and other WMD components to be constitutionally controlled, so don't go there.
Woody
"Revolution is the Right of the People to choose Freedom over Servitude. Those vested with power shall neither deprive the People the means, nor compel such recourse." B.E.Wood
Please don't drag it into the nuclear wasteland, OK? There is a way for fissionable materials and other WMD components to be constitutionally controlled, so don't go there.
It's Simple and Basic
The government is forbidden to infringe upon the Right to Keep and Bear Arms. The right itself is without limit. All power granted to the government is derived from the inalienable rights of the people. If the right of people to keep and bear arms contained any limits, the people could not grant power to the government for it to keep and bear up unlimited arms to defend the nation. In any scenario, the government cannot limit the people's right to arms to any lesser degree than the power of that government to possess arms as is granted to it by, and from, the people. In granting power to our government to keep and bear arms to defend our nation, we do not surrender any of the right from which that power is derived. To surrender, or even simply deny any portion of the right exists, is to also deny the same derived power to the government.
Without that central or a state government, we would have to defend our land ourselves and would have every right to access, create, bear, and deliver any weapon necessary to that end. We simply grant some power to the government out of convenience. We did not surrender any of that power to the government, either. Purposefully, Article I, Section 8, begins, "Congress shall have power;" and not, "Congress shall have the power;". We still have as much right to any and all weapons as we have granted power to the government to have.
It follows, then, that should the government (by the actions of those chosen to run the government) wish to limit in any way what arms and the fashion in which we so choose to keep and bear them, it can not do so without infringing upon the right. In that the right is inalienable, not even we the people can divest ourselves of it, therefore, we can not grant power to the government to limit our keeping and bearing of arms. We can share our right to keep and bear arms with the government as a power granted to it, but cannot surrender any of it to the government. The bottom line is that the government is, and is of, us. It cannot do to us anything we cannot do to ourselves.
Go read the Preamble to the Constitution. WE ordained and WE established the Constitution. WE had (and still do have) the RIGHT to do that, would you not agree? We have the right to govern ourselves. We exercised that right to establish (construct) the Constitution and ordain (to appoint) it as the foundation for our union. All power granted or delegated to the government is derived from our right to govern ourselves. The power of the government is inferior to any right or rights we the people have. It is the same no matter what the right might be. Just as the government has no power, nor could it ever have the power, to control my right to think, it does not, nor could it ever have, the power to control what arms I choose to keep and how I shall bear them. It is that simple.
Woody
"Revolution is the Right of the People to choose Freedom over Servitude. Those vested with power shall neither deprive the People the means, nor compel such recourse." B.E.Wood