Justice Antonin Scalia said in an interview with FOX News “the Second Amendment leaves room for U.S. legislatures to regulate guns, including menacing hand-held weapons,” While Justice Scalia is held up to be an originalist and a constitutional conservative, his statements and rulings show that he not only isn’t what he is proclaimed to be, but is ignorant of the Constitution itself.  But a review is in order before proving that Justice Scalia is wrong on the arms issue of the Second Amendment. 

In 1833 a case Barron v. Baltimore, the Supreme Court in a unanimous ruling said that “no provision of the Bill of Rights applied to the States.” It is presented here that the entire court was wrong and remains wrong on the issue. A succession of rulings based on the Fourteenth Amendment undid the ruling of Chief Justice Marshall’s court. Not to go off on a tangent, but the Fourteenth Amendment has been abused and twisted to mean what it doesn’t mean and should either be clarified as to the original intent and meaning or be repealed. Not only the 14^th, but the First Amendment specifically says Congress shall make no law, but the court has expanded the meaning to the point Everson v. Board of Education (1947) that it has become that any practice that has a religious content is unconstitutional.

Now let’s go back and look at the founder’s intent on these matters. The founders wrote the Incorporation Doctrine into the Constitution and the so-called constitutional scholars, the courts, various “experts” and pundits are blind to it. In fact, the entire Constitution applies to the states in such a manner that the 9^th and 10^th Amendments make provision for the people and the states to enact laws that are not in conflict with United States Constitution. The 9^th and 10^th are properly part of the doctrine of incorporation that protects the sovereignty of the states and prevents the states from usurping the proper role of the federal government as given in Article One, Section Eight. By any reason and logic the doctrine of incorporation on state rights existed from the very beginning of the republic.

But that isn’t all that the Constitution has incorporated and how it is done may be a surprise to many, including the United States Supreme Court and all other judges, legislators and any office holder, as well as non-office holding citizens. Too many people read the Constitution as if it is document of disconnected parts, when in fact each section and part depends on that which goes before and those which follow. Each section and part must be looked at in light of the whole which is not being done and hasn’t been for many years.

What is the part that incorporates the Ten Amendments of the Constitution to all the States, having done so from the first state to ratify to the last one? It is Article Six, Clauses two and three, This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States. There it is in plain simple language but those pontificating on the Constitution seldom, if ever refer to Article Sis, Clause Three. All the rulings and writings are of no consequence and are nothing but an exercise of futility trying to explain everything but what has been in the document ever since it was written.

Further more, the right to bear (carry) arms shall not be infringed also includes the right to carry as one sees fit, open or concealed since there are not any words prohibiting the choice of the individual for bearing as he chooses. The states are in violation of the constitution when their legislatures pass laws pertaining to ownership and carrying. In fact,  states that enact carry laws are in violation of their constitutions.

The founders of the republic and the authors of the constitution knew what they were doing. Those who have followed them need to read the document they claim to follow. The federal level people need to think very seriously on the words pursuance thereof and that thinking also includes the state, and local level office holders. It would solve many problems for the republic.

© 07-30-2012 DEC