Yep, it’s an election year.
The [2nd] amendment is an ambiguous, mealy-mouthed compromise that conveniently leaves for another day (like 2008) a legal resolution of the debate between gun rights enthusiasts and gun control advocates – a fight that is older than the country itself.
This from Andrew Cohen, CBS legal analyst. He’s one of those who subscribe to the Clinton notion that he Constitution is a “living document,” something to be tinkered with and altered to fit the mood of the times.
Nothing could be further from the truth:
In expounding the Constitution of the United States, every word must have its due force, and appropriate meaning; for it is evident from the whole instrument, that no word was unnecessarily used, or needlessly added. The many discussions which have taken place upon the construction of the Constitution, have proved the correctness of this proposition; and shown the high talent, the caution, and the foresight of the illustrious men who framed it. Every word appears to have been weighed with the utmost deliberation, and its force and effect to have been fully understood. No word in the instrument, therefore, can be rejected as superfluous or unmeaning.
—Holmes v. Jennison, U.S. 540, 571 (1840), page 39. Reiterated in Wright v. United States:
To disregard such a deliberate choice of words and their natural meaning would be a departure from the first principle of constitutional interpretation.
–U.S. 583 (1938), opinion of Chief Justice Hughes.
We’re going to see quite a few jabs at the “intent” of the Constitution and its framers over the next twelve months, so read between the lines when someone tells you it’s “radical,” or that our rights are being abridged to “make people safer in their communities.”
The Constitution means what it does. Never let anyone second-guess it.
If the representatives of the people betray their constituents, there is no recourse left but in the exertion of the original right of self-defense which is paramount to all forms of positive government.
–Alexander Hamilton
The supposed quietude of a good man allures the ruffian; while on the other hand, arms, like laws, discourage and keep the invader and the plunderer in awe, and preserve order in the world as well as property. The same balance would be preserved were all the world destitute of arms, for all would be alike; but since some will not, others dare not lay them aside (…) Horrid mischief would ensue were one half the world deprived of the use of them.
–Thomas Paine, Thoughts on Defensive War, 1775
Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined (…) The great object is that every man be armed. Everyone who is able might have a gun.
–Patrick Henry, 1788