posted on Jun, 30 2013 @ 09:15 AM
Originally posted by Ramadhiman
The 2nd Amendment, does NOT actually confer the "Right to Keep and Bear Arms"
But it does Officially Recognise and Reinforce the Fact that every American Has the Inalienable Right to Keep and Bear Arms, for his/her own
Protection of life, Property, and the defense of the land when so called upon to do so.
And that Right, in no way can be, Removed, Contravened, Breached, Reduced, withdrawn, Diminished, Circumvented, or Abolished by anyone, Neither
President or Act of Congress, or any appointed agent thereof.
Correct, but the reason that government can not (legitimately) violate rights isn't simply that they are declared inviolate . . . That declaration
(AKA the Bill of Rights) is only a redundant statement forbidding government to exercise powers never granted to it
Far different that other compacts organizing other governments, the US Constitution is a charter of conferred powers. The fundamental principle is
that all power first resides in the people and in the process of establishing a government, (whose primary function is to protect rights the people
possess inherently), the people surrender a limited amount of power and assign the government limited duties.
This principle of conferred powers has a corollary, that of retained rights. All powers not conferred are retained.
The government only exercises those powers with the consent of the governed. When government violates the principles of its establishment, exceeds
the limited powers granted to it and intrudes upon / injures / violates the rights of the people, the people can exercise their original right (as the
sovereign creator of government) to declare the government has lost the legitimacy to govern, to rescind their consent to be governed and reclaim the
powers lent to it through the Constitution.
If this depowering of government can not be done peacefully, the people of course retain the original right of self defense excepted out of the powers
granted to government and recognized and secured by the 2nd Amendment; the right to bear arms to secure a free state . . .
edit on 30-6-2013 by
Abatis because: punctuation