We-the-People
Regular Member
SNIPPED
You make a common error. The Constitution does NOT provide us with rights. Nor does the Bill of Rights. This is one of the reasons that Hamilton (and others) were concerned that a Bill of Rights would be construed to be the only rights of the people (Federalist # 84).
If you read the Bill of Rights you will notice that they restrict the government, not provide rights to the people. Since this is a 2nd amendment board, notice the exact wording of the 2nd amendment. "...the right of the people to keep and bear arms shall not be infringed". The right pre exists the Constitution. This is in keeping with the theme of the Declaration of Independence in which the concept of inalienable rights granted by a "creator" is brought forth.
The Constitution grants limited powers to the federal government. These powers are, for the most part, delineated in Article 1, Section 8. Over time, through judicial "interpretation" and application of the "Necessary and Proper" clause as well as Hamilton's "Implied Powers" doctrine (with which he convinced George Washington to sign the bill authorizing the First Bank of the United States), these limited powers have been expanded beyond anything the founders would recognize.
The most often abused power granted the federal government is the "Commerce" clause from Article 1, Section 8. It has been used to justify regulation of things such as a farmer growing his own feed, firearms, and most recently "Obamacare".
No, the Constitution does not provide the right to keep and bear arms. That right belongs to the people independent of the Constitution.
. . . But the Constitution does provide the right to keep and bear arms -- . . .
You make a common error. The Constitution does NOT provide us with rights. Nor does the Bill of Rights. This is one of the reasons that Hamilton (and others) were concerned that a Bill of Rights would be construed to be the only rights of the people (Federalist # 84).
If you read the Bill of Rights you will notice that they restrict the government, not provide rights to the people. Since this is a 2nd amendment board, notice the exact wording of the 2nd amendment. "...the right of the people to keep and bear arms shall not be infringed". The right pre exists the Constitution. This is in keeping with the theme of the Declaration of Independence in which the concept of inalienable rights granted by a "creator" is brought forth.
The Constitution grants limited powers to the federal government. These powers are, for the most part, delineated in Article 1, Section 8. Over time, through judicial "interpretation" and application of the "Necessary and Proper" clause as well as Hamilton's "Implied Powers" doctrine (with which he convinced George Washington to sign the bill authorizing the First Bank of the United States), these limited powers have been expanded beyond anything the founders would recognize.
The most often abused power granted the federal government is the "Commerce" clause from Article 1, Section 8. It has been used to justify regulation of things such as a farmer growing his own feed, firearms, and most recently "Obamacare".
No, the Constitution does not provide the right to keep and bear arms. That right belongs to the people independent of the Constitution.