2nd Amendment Follies on Ice Continue-Hate Mail

Mandeville, LA – “If 1o states and 1/2 had approved of the plan, in spite of an erring world, I would reject it with manly force” thundered Patrick Henry at VA’s ratifying convention when he was told that “…8 states have already adopted the Constitution”. I wonder what Henry would say if he could meet face to face with 99.8% of today’s NRA members and 99.2% of GOP members who would inform him that “your 2nd amendment applies to the VA Assembly and anywhere else in the known universe, Mr. Henry.” Descriptions of heads exploding do not serve the oratory wrath justice that would ensue.

Well, since Henry isn’t around to field this ridiculous fantasy that most who read this post will be possessed of, I will fill-in. BElow find just one of hundreds of conversations I have with “listeners” to my radio show on Sirius/XM over this subject of “incorporation”. Strange that the same people who claim the 2nd amendment is universal assert that using Amendment 14 to incorporate amendment IV and legalize abortion is somehow more perverted.

On Jan 30, 2013, at 8:02 PM, Frank Smith <xxxxxx2956@yahoo.com> wrote:

Last week when I called, you told me it didn’t matter what I believed, you had to go with facts.  What I called to tell you was fact.  Our rights are not given to us by government, they are given by God and some of them are protected by the constitution.  No government has the authority to infringe on them.

Applying the 2^nd amendment to the states does not give the federal government the authority to infringe on our rights to bear arms.

“The prohibition is general.  No clause in the Constitution could by any rule of construction be conceived to give to congress a power to disarm the people.  Such a flagitious attempt could only be made under some general pretence by a state legislature.  But if in any blind pursuit of inordinate power, either should attempt it, this amendment may be appealed to as a restraint on both”.- William Rawle (editor’s note-Mike read Rawles “Views of the Constitution” in researching What Lincoln Killed and even gave Mr. Rawle a monologue in the feature)

As you can see, Rawle is clearly saying the restraint is on both federal and state governments.  The 14^th amendment has nothing to do with this, but the 10^th dose.  The powers not delegated to the United States by the Constitution nor prohibited by it to the states, are reserved to States respectively, or to the people.  Nobody seems to want to pay attention to the last part of this amendment.  Notice it says or to the people.  The 2^nd amendment says the, “right of the people to keep and bear arms shall not be infringed.  When states inter the union, they agree to follow the Constitution.  The only way a state can infringe on this right, is to secede from the union.  They still wouldn’t have the authority to do so, but the People of the state wouldn’t have the protection of the U.S. constitution.

Takes a special kind of stupid to think criminals will obey gun laws

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Mike Church responds

Sir,

You are finding factoids to support your ahistorical, ridiculous argument. Rawle allows that “Such a flagitious attempt could only be made under some general pretence by a state legislature.” Before he wishes that should this occur the 2nd Amendment can be invoked. So what? Was Rawle a member of PA’s ratifying convention of Amendment II? If he was, did he he make his opinion of 1826 known then? Was he an author of the amendment? Was he an author or ratifier of the Constitution? Did he write anything about his dubious assertion after Justice Marshall ruled in the negative on the matter?

Believe what you want to believe and deny the historical record as you wish, the fact remains, Frank, that no courts or legislatures agreed with your assertion until Rawle was dead for 100 + years.

I suggest you take a trip to KY and inform them that their 1891 Constitution, Article I, sec 7 is null and void having been overturned by a man who died 60 years before it was written (something about KY reserving the right to ban concealed carry among other things).

Seventh: The right to bear arms in defense of themselves and of the State, subject to the power of the General Assembly to enact laws to prevent persons from carrying concealed weapons.

Text as Ratified on: August 3, 1891, and revised September 28, 1891.
History: Not yet amended.

And you have the audacity to call me “stupid” after fabricating a contention that I believe “criminals will obey gun laws”!? You better start footnoting your slander Frank as I would like to know where you divined that meum labis?

Anon,

Mike Church

TheKingDude

Host of the Mike Church Show on The Veritas Radio Network's CRUSADE Channel & Founder of the Veritas Radio Network. Formerly, of Sirius/XM's Patriot channel 125. The show began in March of 2003 exclusively on Sirius and remains "the longest running radio talk show in satellite radio history".

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