Friday, July 3, 2009

Individual Rights and the Constitution

In June of 2008 the Supreme Court ruled that the Second Amendment refers to an individual's right to bear arms. Though it has taken 217 years, "Supreme Court Justice Antonin Scalia [writing for the majority] said that an individual right to bear arms is supported by 'the historical narrative' both before and after the Second Amendment was adopted. [1]" Simply stated, since the same wording in the rest of the amendments refers to an individual's rights it is then correctly understood that the Second Amendment also refers to an individual's rights. But the question remains why are the Constitutional amendments concerned with the rights of the individual?

The Founding Fathers, realizing that some form of government was needed, also understood that, historically, governments had a tendency to outgrow their original intention and become oppressive. Because these Founders had just come from such tyranny it was paramount to them that they protect future generations from such usurpation of power. The tenth amendment specifically states "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. [2]" This amendment solidified the true meaning of the basis of power in the Constitution.

Unfortunately, 200+ years later, our people find themselves without a true understanding of that very power embedded within those pages. As the years passed, and people became complacent or "too busy" with their daily lives to keep those trusted with our liberty in check, government has grown to an unfathomable size. Now we find ourselves fighting for the very rights guaranteed in the Constitution. It must be understood, the federal government was intended to serve us, not the other way around. Its original intention was to guarantee that the individual's basic rights were protected against all who would try to take it. The Founders purposely limited the power and scope of the federal government because they correctly understood that this government could never effectively oversee such a large area as the United States was to become; that local government better understood its people and their wants and needs.

This is why the original amendments referred to an individual's rights and why it was so important. As can be seen today, power and control is easily usurped when the people do not remain vigilant in its protection. The nature of government is to increase in size and power, which is why the checks and balances were put into place. But even these checks and balances need to be carefully watched over. The Founding Fathers, wise to the ways of big government, foresaw this and did everything they could to protect future generations against encroaching federal power. It was then left up to us to make sure that this new central power was restrained on a daily basis. To this I say we have failed. We have failed to protect ourselves and we have failed to protect future generations. Yet all is not lost. We still have the ability to reign in the monstrosity that has become our federal government.

Regardless of what those in power would have you believe, this central government is still our servant, not our master. But, we must band together today and stand up to it. How much does your freedom mean to you? Are you willing to give up phantom freedom and fight for the real thing; to taste the sweetness that is true liberty? Or are you going to sit there and pretend all is well as you allow the chains of servitude to slowly be tightened around your grandchildren's necks? Their future is your responsibility. The choice is yours.



Works Cited

[1] Associated Press. "Court Rules in Favor of Second Amendment Gun Right." Los Angeles Times. 26 June 2008. 4 July 2009 <http://articles.latimes.com/2008/jun/26/nation/na-scotus27>.

[2] "The United States Constitution." U.S. Constitution Online. 6 February 2009. 4 July 2009 <http://www.usconstitution.net/const.html#am10>.

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