The Natural Right of Self-Preservation and the Second Amendment
Missed it by that much! This piece is excellent right down to the last paragraph then it stumbles a little. "The Founders' recognition of the God-given right of self-preservation and the unambiguous language of the Second Amendment require that any limitation on the right to bear arms be done by the constitutional amendment process – not the Courts or Congress or the president, either collectively or as separate branches of government. That, or this nation is no more than a façade of the constitutional republic founded on the basis that men "are endowed by their Creator with certain unalienable rights" and "[t]hat to secure these rights, Governments are instituted among Men[.]'" The point of the Natural Right is that it is inalienable from the individual by the state, others, or the individual. Inalienability means that one cannot voluntarily divorce oneself of this right. The Constitution cannot be altered, changed, or amended to limit or alienate this right. Restricting access to the tools of self-preservation is tantamount to limiting the right. While I am willing to admit there may be some valid limitations on the means, there is no reasonable argument that government should be able to possess tools of potential oppression superior to those available to the people. The right to keep and bear arms is a two-pronged right. The first is to protect against predations from others. The tools available must offer the individual/people rough parity with an attacker. The second is to protect against tyranny or an invading oppressive entity. Again the tools must provide rough parity against any potential threat to the individual or the people. Based on the current status of the law regarding the right to self-preservation, the US is but a façade of our original 18th-century constitutional republic. The government at least has allowed itself access to far superior arm, while restricting the arms of the people. This is an evisceration of the Natural Right to Self- Preservation.
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