14th Amendment Applies to 2nd Amendment
The legalize used by lawyers and judges to justify their off-the-wall opinions that the Second Amendment somehow did not apply to the individual states by virtue of the Fourteenth Amendment just pissed me off to no end. And when I get pissed off, stand back! So here is the result of some of my research on this issue (that in reality should be a non-issue). Feel free to use it, mail it, or do anything else with it that you might desire. Hopefully more research results will follow.
When the post-Civil War 39th Congress debated and constructed the Fourteenth Amendment, they clearly indicated that the Second Amendment is a personal right that is jointly shared by all American citizens. This is proven by the fact that John Bingham, the principle writer of Sec. 1 of that Amendment, included the Second Amendment when he listed all of the first eight Amendments as examples of constitutional provisions containing privileges and immunities that the Fourteenth Amendment specifically applied to the individual States. The intent of Congress was to insure that black citizens also enjoyed the right of self-defense and could not be disarmed by the manipulation of state laws.
I have included a URL that goes to a copy of John Bingham’s post-Fourteenth Amendment ratification discussion of that Amendment which clearly includes the Second Amendment. All of the included Amendments are found in the middle column of the URL page from the Congressional Globe, which of course is the precursor to the modern-day Congressional Record.
http://tinyurl.com/y3ne4n (you may have to use http://www.tinyurl.com/y3ne4n to get the page)
Given this history of the Fourteenth Amendment, there should be no doubt in anybody’s mind that: the Second Amendment protects the personal, individual right to keep and bear arms apart from any militia-related issues, as much as any other privilege and/or immunity protects other personal rights, and that the Fourteenth Amendment requires the application of the restrictions and protections regarding the Second Amendment that are contained in the U.S. Constitution to the individual States.
Oh, and while you are on this page, take the time to count the number and location of commas found in the Second Amendment. (You can use the tools on this page to zoom in real, real close) You will find there is exactly one comma in this version, which also happens to be the exact number of commas found in the original version ratified by the original states. Now, find a “modern” copy of the Second amendment, and count the number of commas in it. You will find three, and their positioning serves only to confuse the reader and alter the original meaning of the Amendment. Anyone care to know where those extra two commas came from? Well, I’ll tell you anyway. They apparently first appeared during the Administration of Woodrow Wilson, who also happened to be our very first socialist/progressive-liberal President. Imagine that! A socialist who wanted to disarm the people and who would desire to plant the seeds of confusion that could have done exactly that were it not for Heller.
Len Lisenbee
Interesting blog, I’ll try and spread the word.
Hi this blog is great I will be recommending it to friends.