History Lesson: The Bill of Rights and Gun Ownership

Amid the violence plaguing the US, we can’t forget the original controversy about gun ownership. For many gun owners, including friends and family, the 2nd Amendment to the Constitution is sacred. However, and here’s the kicker, there is no 2nd Amendment without the other nine.

The first ten amendments to the Constitution were drafted as a package, and were required to ensure adoption of the US Constitution. Collectively, they are called the “Bill of Rights.” The 2nd Amendment is only one of the ten. Tear down any of these fundamental rights, and you tear down them all.

Here is the set, courtesy of the National Constitution Center.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution. RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz. ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

Frederick Augustus Muhlenberg Speaker of the House of Representatives John Adams, Vice-President of the United States and President of the Senate. Attest, John Beckley, Clerk of the House of Representatives. Sam. A. Otis Secretary of the Senate. *On September 25, 1789, Congress transmitted to the state legislatures twelve proposed amendments, two of which, having to do with Congressional representation and Congressional pay, were not adopted.  The remaining ten amendments became the Bill of Rights.

Amendment 1
– Freedom of Religion, Speech, and the Press

Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances.

Amendment 2
– The Right to Bear Arms

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.

Amendment 3
– The Housing of Soldiers

No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law.

Amendment 4
– Protection from Unreasonable Searches and Seizures

The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.

Amendment 5
– Protection of Rights to Life, Liberty, and Property

No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.

Amendment 6
– Rights of Accused Persons in Criminal Cases

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defense.

Amendment 7
– Rights in Civil Cases

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States than according to the rules of the common law.

Amendment 8
– Excessive Bail, Fines, and Punishments Forbidden

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment 9
– Other Rights Kept by the People

The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.

Amendment 10
– Undelegated Powers Kept by the States and the People

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

Cherry picking what you like about the Bill of Rights isn’t allowed. You either stand for all of them or for none. Which side are you on?

You may want your guns, no problem, but how do you feel about the “right of due process”, warrantless searches, and the detention camps along the Rio Grande and in Cuba? In none of these Amendments are these rights limited to citizens. When the Constitution and Bill of Rights were drafted, “citizenship” didn’t exist. None of the writers were “citizens.”

The Constitution in its original form wasn’t a perfect document, but it was quite remarkable for its time. It did contain errors pertaining to slavery and women among others, and these were corrected through subsequent amendments and war.

Every American has an oath to uphold, protect and defend The Constitution of the United States, which includes all of the Amendments. The oath is not to a president, a flag or a song, but to this fundamental document.

And we have to do it even when our elected leaders fail — which, if you hadn’t noticed, they are and rather badly. Think about current news and reread the Amendments above if the failures aren’t obvious.

It;s been my personal belief for sometime now that the major failings in US society have to do with money, and not with race, gender, gun ownership or a host of other topics that occupy the news.

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