Normally, I’d defer from writing political stuff on Christmas day, but since the ACLU apparently doesn’t believe in celebrating Christmas, I figured I’d post this just so they’d have something to talk about while everyone else is celebrating the holiday.
Last week, I wrote about the ACLU’s abuse of its own members’ privacy. Apparently this triggered something in John A. Kalb’s mind, because he wrote his own piece about the ACLU, where he uncovered their outright lies and perversion of the Constitution. (And no, I’m not going to give away his scoop; go see it for yourself.)
John’s piece got me thinking. The American Civil Liberties Union proclaims itself as… oh, never mind. I’ll just use their own words, from their own website:
The ACLU is our nation’s guardian of liberty. We work daily in courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States. Our job is to conserve America’s original civic values – the Constitution and the Bill of Rights.
Hm. Pretty lofty goals and chock full of patriotic determination. But just how well do they do that? Inspired by John, I figured I’d actually take a look at the Bill Of Rights and see just how well they fulfill their self-appointed task.
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Concerning the meaning of the Second Amendment, I direct your attention toward http://www.usdoj.gov/olc/secondamendment2.htm
This is a memorandum opinion that was prepared for the Attorney General by the Department of Justice and only recently published. The opinion therein is that “… we conclude that the Second Amendment secures a personal right of individuals, not a collective right that may only be invoked by a State or a quasi-collective right restricted to those persons who serve in organized militia units.”
Merry Christmas, Jay Tea. You’ve written a wonderful present for many of us, right here.
About which, I agree completely with what you’ve written here. Great, thanks.
The ACLU has only managed to wage it’s destructive wars on American civil liberties because they use the courts as a weapon against them, and us. Something needs to be done, and I hope that it’s done by individuals motivated toward challenging the abuse by the ACLU of our judiciary process, including resources.
Time to draw a line…
Excellent work, Tea Jay.
As for the 2nd Amendment, look at the US Code concerning the militia of the United States: Title 10, Subtitle A, Part I, Chapter 13, Section 311.
A “well regulated” Militia can also be “unorganized,” and specifically includes those citizens NOT members of the Nat’l Guard or Reserves.
Parse the amendment any way you wish, the US Code has well regulated it as an individual right.
Here’s a different take on a couple of the Amendments:
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; …”
The literal meaning of this Amendment is “no law respecting”; no law for and no law against. Congress cannot pass any law about religion. So government mandates to attend school, where the free exersize of religion is prohibited, are unconstitutional. Somehow the SC misses this when they (repeatedly) rule on school prayer, Xmas carols, and similar inane subjects.
Amendment II
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Despite the feigned ‘confusion’ over the wording of this Amendment, it’s perfectly clear. Substitute whatever adjective, (noun), noun you prefer; the wording is old-fashioned but still makes sense.
A well educated Militia, being necessary to the security of a free State, the right of the people to keep and bear books, shall not be infringed.
OR
A well regulated electorate, being necessary to the security of a free State, the right of the people to keep and bear newspapers, shall not be infringed.
No binary thinkers needed here; the 2nd Amendment is to protect the right of (individual) persons and protect the (collective) militia. The Founders thought citizens have a duty to assist and defend the both themselves individually and their government.
And, notice that the Second Amendment does NOT say “the right of the Militia”, nor does it say “the right of the people when serving in the Militia”. It says “the right of THE PEOPLE”.
VA Jim, you make some valid points, but I take umbrage with your view on the first Amendmant:
“Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; …”
The literal meaning of this Amendment is “no law respecting”; no law for and no law against. Congress cannot pass any law about religion. So government mandates to attend school, where the free exersize of religion is prohibited, are unconstitutional. Somehow the SC misses this when they (repeatedly) rule on school prayer, Xmas carols, and similar inane subjects. “
The supreme court doesn’t make laws, they attempt to interpret laws to see whether they follow the constitution or not. True, congress nor any body of the people can make laws or codes concerning it, but what they are saying is that schools cannot have “mandatory prayer time”. Each student is free to pray , worship or whatever he pleases throughout the day as they feel is necessary, but not as required to by their school. It IS a valid point.
However, they went a little weird on that one nut who took umbrage with the reference to “God” in the Pledge of Allegience.
“God” was inserted into the Pledge of Allegence during the Cold war as a way to seperate us from the communists (who were infamous for their lack of religion…to them loyalty to the Party WAS the religion, and I’m sure when that was going around Wizbang! was covering every bit of it with comments, but I digress). I’m surprised he hasn’t filed with the ACLU to get “In God we Trust” removed from our currency.
Sheesh will someone stop me?
When you say “I’ve never forgiven the Founding Fathers for this amendment. It is just too poorly written. Equally strong cases can be made for each side — this could refer to individual people, or it could refer to the states’ National Guards…” you miss a very important point.
These ten amendments are the Bill of Rights. The Founding Fathers sought to take away from the federal government the ability to restrict inherent rights. At first, there was no Bill of Rights, but that version of the Constitution was shot down. In mid-1789, Madison presented a draft Bill of Rights, and two years later, after a lot of negotiating back and forth between the States, the original 12 were ten and had been changed to their adopted form.
Of these ten, the first nine pertain strictly to human rights. Not State’s rights, or federal level rights, but individual rights, inherent to each human being, that may not be abrogated. The right to keep and bear arms is, or should be, inviolate, as it is a basic human right under our own Constitution.
I’d like to suggest a reading:
The Unabridged Second Amendment by J. Neil Schulman.