Commentary: Typical Republican Misspeaks About Mythical "Constitutional Right" to Guns
- Updated: 2022-07-25
- By: Dr. Floyd
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Video Title: Media Didn't Expect Buffalo Shooter Witness To be So Honest
Link: https://www.youtube.com/watch?v=MOOsNYryHAg
Analysis:
Cool story. Meanwhile, in the real world: there is no "second amendment right to guns." Just as there is no "bill of rights": with one exception, it is a bill of limits. The first ten amendments were an agreement between two factions – the federalists and antifederalists – about how to limit the national government. The first amendment does not provide the "right to speech": it forbids the government from abridging speech. The fifth amendment does not provide a "right to remain silent": it forbids the government from compelling an accused person to be a witness against themselves. And the second amendment does not provide the "right to bear arms": it forbids the government from abridging the right to keep and bear arms.
Thus, saying "our constitutional rights" to this or that is 100% bad, unless you are talking about the one exception in the bill of limits – the five rights provided to criminal defendants under the sixth amendment:
(1) the right to a speedy and public trial by jury trial;
(2) the right to be informed of charges;
(3) the right to confront adversarial witnesses;
(4) the right to a process for getting favorable witnesses;
(5) the right to assistance of counsel for defense.
Beyond that, the so-called "bill of rights"–again–is a bill of limits: limits on the government.
The government's role is not to give rights: its role is to protect God-given rights. That is a matter of incontrovertible historical, Constitutional fact. Thus, there are two fundamental elements (among others) necessary for the United States federal government to be legitimate under the United States Constitution:
(1) obey the limits under the bill of limits;
(2) protect citizens' inalienable rights.
Anything other than this is something other than the United States under the U.S. Constitution.
–Dr. Floyd