By Michael Maharrey
Joe Biden butchered the Second Amendment last week.
The president signed an executive order on gun control and called on Congress to pass an "assault rifle" ban. (There is no such thing as an "assault rifle," but that's a subject for another Monday.)
But what about the Second Amendment?
No problem, according to Ol' Joe because "no amendment is absolute."
Joe's constitutional interpretation has two glaring problems.
First, he seems to have a problem comprehending plain English. "Shall not infringe" sounds pretty absolute to me. There are no "buts" in the Second Amendment. There are no asterisks. There is no disclaimer telling us "terms and conditions may apply."
Second, Joe clearly doesn't understand the Bill of Rights or even the basic structure of the U.S. Constitution.
The Second Amendment doesn't "give" the people the right to keep and bear arms. It prohibits the federal government from infringing on a right that already exists. Furthermore, the Second Amendment isn't even really necessary. Even without it, the federal government would still have very little power to regulate firearms. Nowhere does the Constitution delegate such power.
The federal government may only exercise delegated powers, with all others reserved to the states and the people. We find the only power delegated to Congress relating to weaponry in Art. I Sec. 8 – “arming…the Militia.” The Constitution nowhere authorizes any general federal firearms regulating authority.
Even so, under the original Constitution, the federal government could conceivably regulate firearms in the process of exercising another legitimate power. The Second Amendment slams that door shut.
Infringe – v: Act so as to limit or undermine (something); encroach on.
Shall not infringe.
That, my friends, is absolute.
As I said last week, Joe Biden needs to read my book - Constitution Owner's Manual. He won't. But he should. It might be a good read for you too if you haven't already. You can learn more about it at ConstitutionOwnersManual.com.
Visit our good friends over at the Tenth Amendment Center
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Quote of the Week
"The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops that can be, on any pretense, raised in the United States. A military force, at the command of Congress, can execute no laws, but such as the people perceive to be just and constitutional; for they will possess the power, and jealousy will instantly inspire the inclination, to resist the execution of a law which appears to them unjust and oppressive." - Noah Webster