Interpreting the Constitution and the Second Amendment

By

Stephen L. Riley

There seems to be a constant debate over the meaning of the Second Amendment and whether we the people actually have a right to keep and bear arms or not, or if that is a right solely conferred upon a State organized and operated militia. In reality the argument is not whether or not we have the right to keep and bear arms but rather the "interpretation" of the Second Amendment and our Constitution. I have noticed that the claim that the Constitution needs to be interpreted virtually without exception comes from the liberal faction of our nation. These are the same people that spout the notion that the Constitution is a "living, breathing document that needs to grow and change with the times." I believe that the Founding Fathers upon hearing such an outlandish idea would be torn between laughter and admonishing the person making such a statement in an attempt to subvert what they had worked and fought so hard to give us. The Constitution is not a living breathing document, there is no such thing. It is a well thought out and debated set of guidelines and method of forming, operating and maintaining a government unlike the world had previously seen. While there was a provision to allow for limited change in the form of amendments, the body of the Constitution and it's meaning was not meant to be changed but rather to be a steadfast set of rules and standards that could be relied on and maintained with continuity from generation to generation without it being diluted or twisted into some unrecognizable recreation. A nation, like a ship needs a steady and unwavering method of steering and maintaining course and if that is lost or weakened, eventually both will flounder and be lost. The need for a set of absolutes such as the Constitution is not unlike the Ten Commandments that God gave to Moses. Those Ten Commandments have never needed any change or amendment and it is their unwavering consistency that gives them the importance that they have. I believe that the liberal faction wish to "interpret" the Constitution for much the same reasons they generally do not like the Ten Commandments as both set a level of standards and call for accountability. It is only with that accountability that a nation can continue to survive and prosper.

One of the things that is important in looking at the meaning of the Constitution and the Second Amendment in particular is to consider the background of the men that wrote the Constitution and their ability to express their thoughts and ideas in an accurate manner. Those of the liberal bent and the ones trying to rewrite out history would have you believe that these men were largely poorly educated farmers and ranchers or merchants with little success in business. Few things could be further from the truth. All were well educated either formally or informally and one of their most important possessions was their extensive libraries that generally centered around history and religion. Some of them were part of the body that wrote and passed the Declaration of Independence and the ones that were not part of that group were of similar background and ability. Of the fifty-six men that debated and passed the Declaration of Independence, twenty-four were lawyers and/or jurists (judges), nine were farmers with large plantations. Others were printers, authors, and owners of retail businesses, manufacturing companies and shipping companies. There were also ministers, scientists, doctors, professors and many of these also held high ranking government positions including that of sheriff. These were not men that had difficulty in expressing themselves. They were intelligent, educated and exacting in creating what they knew was the most important document of our government.

If someone still does not believe these men to be capable of creating such a document as the Constitution in a clear an concise manner, and feel that their words must be interpreted, there are several things that are absolutely necessary to reach a sound conclusion. The first thing that must be understood is that the words cannot be viewed in today's vernacular but in the context of the language that was written and spoken two hundred and twenty years ago. To do that several resources are needed which include a copy of An American Dictionary of the English Language by Noah Webster, 1828 and a copy of 1771 edition of Encyclopedia Britannica; or, a Dictionary of Arts and Sciences. Also helpful is a copy of the 1784 edition of the Giles-Jacob Law Dictionary. The other extremely vital resource are the writings of these men regarding the same subjects during the same time period at which time the researcher can determine if what they wrote independent of the debates was consistent with what they wrote in the Constitution or what the researcher may be trying to derive from the Constitution for their own agendas. If the other writings of the Founding Fathers are consistent with what they carefully worded in the Constitution, then any "interpretation" that does not agree with that train of thought is without question wrong, and totally void of any credibility.

To assist in determining the intent of the Founding Fathers in their writing of the Second Amendment, the following quotes are provided.

"The said Constitution shall never be construed to authorize Congress to prevent the people of the United States who are peaceable citizens from keeping their own arms." - Sam Adams, as reported in the Philadelphia Independent Gazetteer, August 20, 1879.

"The great object is that every man be armed. Everybody who is able may have a gun." - Patrick Henry

"Americans need never fear their government because of the advantage of being armed, which the Americans possess over the people of almost every other nation." - James Madison

"When firearms go, all goes....we need them every hour." - George Washington

"I ask sir, what is the militia? It is the whole people, except for a few public officials." - George Mason

"Laws that forbid the carrying of guns...disarm only those who are neither inclined not determined to commit crimes....Such laws make things worse for the assaulted and better for the assailant; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man." - Thomas Jefferson

"Firearms stand next in importance to the Constitution itself. They are the American people's liberty teeth and keystone under independence...From the hour the Pilgrims landed, to the present day, events, occurrences, and tendencies prove that to ensure peace, security, and happiness, the rifle and pistol are equally indispensable. The very atmosphere of firearms everywhere restrains evil interference, they deserve a place of honor with all that's good." - George Washington

"Arms in the hands of citizens may be used at individual discretion...in private defense." - James Madison

"As civil rulers, not having their duty to the people before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the article in their right to keep and bear their private arms." - Tench Coxe, June 18,1789

"The true importance of the Second Amendment will not be fully understood, until they begin to usurp its power." - Thomas Jefferson

"Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom of Europe. The supreme power in America can not enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any bands of regular troops." - Noah Webster, 1787

"No free man shall ever be debarred the use of arms. The strongest reason for the people to retain their right to keep and bear arms is as a last resort to protect themselves against tyranny in government." - Thomas Jefferson

"But there are some persons who would...persuade the people never to make use of their constitutional rights." - Samuel Adams

From an earlier historic perspective we find; "Both Oligarch and Tyrant mistrust the people, and therefore deprive them of arms." - Aristotle

And from a more recent and somewhat surprising source; "Certainly one of the chief guarantees of freedom under any government, no matter how popular and respected, is the right of citizens to keep and bear arms.. The right of Citizens to bear arms is just one guarantee against arbitrary government, one more safeguard against the tyranny which now appears remote in America, but which historically has proven to be always possible." - Hubert H. Humphrey, 1960

For the purpose of determining our rights, it is essential to understand the origin of those rights. I have found that in most surveys when people are asked where their rights come from they will respond with, "The government", "The Constitution" and even occasionally "The Bill of Rights." In our government the Founding Fathers clearly stated where the power and authority is derived from. In the Declaration of Independence it is stated where the rights of the people and the power of the government originate. "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness. That to ensure these rights, governments are instituted among men, deriving their just powers from the consent of the governed, that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness." Clearly the Founding Fathers established that our rights are given to us the God the Father Creator, and that all power and authority that the government has comes solely from we the people. Government does not give or confer rights in our nation, only the people do. This is further confirmed in the Constitution of the United States wherein it is written, "We the people of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

The Constitution does not give or ordain rights, it is a guidebook and set of rules for establishing, operating and maintaining our form of government along with defining the limitations of government. The Bill of Rights is primarily a reinforcement of the limitations of government and an emphasis of our already existing rights.

As a final thought on the interpretation of the Constitution, it is wise to reflect on the words of Thomas Jefferson to Supreme Court Justice William Johnson, June 12, 1823:

"On every question of construction, carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed."

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