Our first guest column is by Shannon Kelley. Shannon is running for the US House district 4. We would like to thank Shannon Kelley for being our first guest columnist from all of the candidates that may end up representing our area and wish you well this coming election.
2nd Amendment - A well-regulatedmilitia, being necessary to the security of a free state, the right of thepeople to keep and bear arms, shall not be infringed.
"Are we at last brought tosuch an humiliating and debasing [loss of morals] that we cannot be trustedwith arms...?” Two centuries ago Patrick Henry asked this question of us. Evenif we cannot be trusted with arms, as some would argue, does the FederalGovernment have the right to disarm us? William Blackstone, in Commentaries onthe Laws states:
"The ... right of the [citizens] that I shall at present mention, in thatof having arms for their defense ... [This is] the natural right of resistanceand self-preservation when the sanctions of society and laws are foundinsufficient to restrain the violence of oppression.... [T]o vindicate theserights when actually violated or attacked, the [citizens] are entitled, in thefirst place, to the regular administration of free course of justice in thecourts of law; next, to the right of petitioning the [government] for redressof grievances; and lastly, to the right of having and using arms forself-preservation and defense."
The right of self-preservation or the defense of your life, liberty, orproperty is considered to be the first Law of Nature (Natures Law or God'sLaw). This is an inalienable right. The responsibility of Government is topreserve our inalienable rights, not restrict them. Chancellor James Kent isrecognized by historians as "one of the two fathers of Americanjurisprudence". Kent declared:
"The municipal law of our ... country has likewise left with individualsthe exercise of the natural right of self-defense.... The right of self-defense... is founded in the law of nature, and is not, and cannot be, superseded bythe law of society."
The founders understood the importance of having individuals armed and trainedhow to use such munitions in the event that their life or property isthreatened either by an individual or by the government. Noah Webster famouslywarned:
"Before a standing army can rule, the people must be disarmed - as theyare in almost every kingdom in Europe. The supreme power in America cannotenforce unjust laws by the sword because the whole body of the people arearmed."
James Madison originally proposed "the right to keep and bear arms"be added as a textual addition to the Constitution in Article I, Section 9,which is the section of the Constitution that limits Congress's power overindividual citizens. Early laws in the Colonies also reveal the necessity of anarmed citizenry. In 1623, Virginia law required citizens be well armed beforetravel. In 1658, Virginia law required every household to have a functioningfirearm in the house. In the new Plymouth Colony, 1623, each person wasrequired to have a firearm, powder, and bullets at all times. In the NewportColony, 1639, no person was to attend a public meeting without a firearm, bylaw.
Opponents of the 2nd amendment argue that the right to bear arms was meant toapply to the militia, or military, not the individual. The 2nd amendment ispart of the "Bill of Rights", the first 10 amendments to theConstitution. Every single amendment in the "Bill of Rights" dealswith an individual's right (1st - free speech, assembly, petition; 3rd -quartering of soldiers without consent; 4th - unreasonable searches; 5th - dueprocess; etc.). Then what did the founder's mean when they used the wordmilitia? Richard Henry Lee says:
"A militia ... are in fact the people themselves ... [and] are for themost part employed at home in their private concerns."
Samuel Adams said:
"The militia is composed of free citizens."
George Mason asked and answered:
"Who are the militia? They consist now of the whole people.""
When we try to interpret the Constitution, the only meaningful method is todetermine how the authors of the law, and the representatives who voted on thelaw, understood the law. Thomas Jefferson reinforces this method by stating:
"On every question of construction, carry ourselves back to the time whenthe Constitution was adopted, recollect the spirit manifested in the debates,and instead of trying what meaning may be squeezed out of the text, or inventedagainst it, conform to the probable one in which it was past."
I conclude with some quotes from our Founding Fathers' on the subject ofindividuals rights to keep and bear arms:
"Forty years ago, when the resolution of enslaving America was formed inGreat-Britain, the British parliament was advised ... to disarm the people.That it was the best and most effectual way to enslave them. But that theyshould not do it openly; but to weaken them and let them sink gradually."George Mason
"And what countries can preserve its liberties if its rulers are notwarned from time to time that this people preserve the spirit of resistance?Let them take arms." Thomas Jefferson
"The right ... of bearing arms ... is declared to be inherent in thepeople." Fisher Ames
"[T]he said Constitution [should] be never construed ... to prevent thepeople of the United States, who are peaceable citizens, from keeping their ownarms." Samuel Adams
"A free people ought ... to be armed." George Washington
"Guard with jealous attention the public liberty. Suspect every one whoapproaches that jewel. Unfortunately, nothing will preserve but downrightforce. Whenever you give up that force, you are inevitably ruined."Patrick Henry
Shannon Kelley
Candidate - United States House of Representatives
Tennessee, 4th District
ShannonKelleyforCongress.com
Twitter: @kelley4congress
1 Ekim 2012 Pazartesi
Guest columnist Shannon Kelley
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