It is all too painfully familiar. Once again, our nation is reeling from a mass murder event. Once again, we mourn the loss of innocent life. Once again, we hear the stories and see the pictures of the victims of senseless violence. Once again, tyrants in public office want to misapply the murder of innocent people as a license for their desire to illegally seize power. Every headline from the media parades the heartbreaking stories of their deaths as justification for their wicked and unconstitutional political agenda. Make no mistake, that agenda is nothing short of theft and tyranny. In our article, “Why Jurisdictions Matter”, we talked about a Sheriff who abused his position in an attempt to exercise authority that did not legitimately belong to him. We concluded this fictional Sheriff was a thief and a tyrant. Federal officials using the tragic and needless death of children in Uvalde, TX, to ram their unconstitutional agenda down the throats of Americans is far worse than anything the fictional Sheriff did in that article.
No jurisdiction
Despite the heartbreaking stories of the children who lost their lives in this tragedy, the United States Congress has no jurisdiction under the Constitution to legislate gun control. To be more clear, it is unconstitutional for the United States Congress to legislate gun control. In fact, legislating gun control is “doubly” unconstitutional. I say gun control is “doubly” unconstitutional because:
- Gun control is absent from the Enumerated powers of Congress. As we discussed in our article entitled “What are Enumerated Powers?”, Congress has not been given authority to legislate on anything of its own choosing. It is limited to the “enumerated objects” – or those areas specifically listed in the Constitution. The Tenth Amendment made this idea abundantly clear, which declares, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Congress cannot choose to legislate anything they want – they are limited to those items specifically listed in the Constitution.
- Legislating gun control (or more specifically, “infringing” on the right of the people to keep and bear arms) is specifically prohibited by the Second Amendment to the United States Constitution. Again, it is abundantly clear. It reads, “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.” Take any gun control proposal and ask yourself a simple question, “Does this proposed legislation infringe upon the right of the people to keep and bear arms? If the answer is “yes”, then it is unconstitutional based upon the Second Amendment.
“The Constitution should never be construed to prevent the people of the United States who are peaceable citizens from keeping their own arms.”
– Samuel Adams, signer of the Declaration of Independence
Can we change the Constitution? Of course we can! In our article entitled, “Can Americans add new Enumerated Powers?”, we discussed how the American people did exactly that in the early Twentieth Century when most Americans wanted the federal government to restrict alcoholic beverages. First, they amended the Constitution to give Congress authority to legislate in that area, and then Congress passed the Volstead Act using their new Constitutional jurisdiction.
Want Gun Control?
If Americans want gun control, then the Constitution would first have to be amended to rescind the Second Amendment, and also to grant Congress the authority to legislate gun control. Without an amendment like that, there is no legal way for Congress to legislate gun control.
Amend the Constitution
When I find myself in a conversation about gun control, I always ask a question. The question is, “Do you have the political horsepower to pass a Constitutional amendment to rescind the Second Amendment, and also to grant Congress the power to legislate gun control?” If the answer to that question is “no”, then it is pointless to even have the conversation! It literally does not matter what either of us think about gun control, or the “need” for certain caliber guns, or certain capacity magazines, etc, etc. It literally does not matter. Without a Constitutional Amendment to grant authority to Congress to legislate in this area, then there is no legal grounds for Congress to legislate gun control.
What about those children?
Perhaps the next question is, “What about those children?”, “They lost their lives – what are we going to do?” Let me answer that question first with what we aren’t going to do… We aren’t going to respond to murder by turning a blind eye to a clear lack of Constitutional authority and allowing Congress to commit theft and perjury. (Theft is the stealing of God-given rights of Americans, and perjury is the breaking of their oath when they swore to support the Constitution upon taking office). We aren’t going to allow our Constitution to be flushed into obsolescence in trying to respond to a murder. Our form of government as defined in our Constitution is quite capable of dealing with murderers. We aren’t going to sacrifice over 240 years of national history by our form of government defined in the greatest Constitution ever composed by man. We aren’t going to surrender our God-given right of self defense because there was a mass murder. Allowing government officials to steal the rights of Americans, that they have no legitimate authority to take, under the Constitution they are sworn to support, does nothing good for those children who died, or for their grieving families.
Insurance against a tyrannical government
Our founders had been in a situation where they needed their weapons in order to resist a tyrannical government. They saw this as extremely important. This right to be secure from a tyrannical government was in the forefront of their minds.
“The right of self-defense is the first law of nature; in most governments, it has been the study of rulers to confine this right within the narrowest limits possible. Wherever the right of the people to keep and bear arms is prohibited under any color or pretext whatsoever, liberty, if not already annihilated, is on the brink of destruction.”
– St. George Tucker, Soldier in the American Revolution, Federal Judge, and Law Professor
God-given right of self-defense
Our founders wanted Americans to always have the God-given right of self-defense, and they saw it as each citizen’s duty to defend his own home. James Wilson said it this way:
“The great natural law of self-preservation cannot be repealed or superseded or suspended by any human institution. The right of the citizens to bear arms in the defense of themselves shall not be questioned. Every man’s house is deemed by the law to be his castle; and the law invests him with the power and places on him the duty of the commanding officer of his house. Every man’s house is his castle, and if anyone be robbed in it, it shall be esteemed his own default and negligence.”
James Wilson, a signer of the Declaration of Independence and the Constitution
Imagine for a moment…
Imagine for a moment if you were an enemy of the United States. Imagine you hated our form of limited government as defined by our Constitution. Imagine you sought to change our form of government. Imagine you sought to establish a society where the state was all powerful, and the common people had no means to resist. If this was your objective, if this was your goal, then disarming the public would be a very high priority for you. You would latch on to the senseless death of school children and instead of taking actions to punish criminals, or protect schools, you would abuse their deaths to further your cause to destroy the American form of limited government. If this was your goal – then gun control would be of critical importance. Our founders knew this – and protected us from it. Let’s not allow our God-given rights to be stolen by those who hate our beloved nation.
“Forty years ago when the resolution of enslaving America was formed in Great Britain, the British Parliament was advised to disarm the people; – that it was the best and most effectual way to enslave them – but that they should not do it openly, but to weaken them and let them sink gradually.”
– George Mason, father of the Bill of Rights
Preserve limited government
The United States Constitution has stood the test of time and is built upon firm principles. Our Declaration of Independence says the purpose of government is to secure God-given rights, not to take them away. Restricting the self-defense rights of Americans in the form of unConstitutional gun control laws has long been a goal of those who hate our Constitution. Let’s not allow our elected officials in Congress to murder our form of government and our Constitution they are sworn to support. Our Founders knew the right of self-defense was important for many reasons and they built strong defenses into our documents to protect it. Encourage your Representative and your Senators to oppose any gun control measure which may be proposed.
to LEarn More
Thank you to Rick Green and Patriot Academy for all the founder’s quotes used in this article, plus many others that were not included here due to space limitations. If you would like to learn more about the design of our form of government according to the original intent of our founders, and the importance of the God-given right of self-defense protected by the Second Amendment, join Patriot Academy for one of their Constitutional Defense courses.
As I read your blog, I thought of the many lessons one can obtain by reading and understanding the Old Testament of the Bible. Yet, many individuals act as if they have that knowledge they continue to live a life of SIN without repentance. Dying to yourself and living a life that honors our Creator can only take place by understanding the grip SIN has on you, as an individual. Our forefathers understood Godly Principles. I doubt the majority of our present governmental leadership share this quality that we see in the writing of our forefathers. Believing God is in control, omnipotent; has knowledge of each individuals heart and mind, omniscient; and one cannot hind in their sinfulness, omnipresent; gives me the desire to do His Will, Godly Principles, and have peace that His Will be done. Therefore, if mankind cannot comprehend that he/she can get the answer from the last Book of the Bible, REVELATION.
I appreciation your sighting of our forefathers. I admire your ability to remain focused on topic. And I understand the in-depth knowledge you must have to formulate each article. God’s Blessings!
Amen – thank you! May we all look back to the Bible, and start with repentance, as we work to take back our Constitution. Thank you for your kind words!
“Without a Constitutional Amendment to grant authority to Congress to legislate in this area, then there is no legal grounds for Congress to legislate gun control.” And we will not agree to that speaker pelosi!
Thanks be to God that our founding fathers based the Constitution on God’s Word. Now, we must bring God back into government at every level and get rid of all governing bodies/committees that have been formed illegally.
I agree with you Trisha! I look forward to the impeachment and removal of these traitors in our government!
God Bless us All!
I’m in! Any of them not honoring their oath of office should be impeached! Thank you for your comment!
Yes – Amen. Let’s bring God back into all of our society! Thank you for your comment.
This was a great article. And From everything that I’ve been seeing over the last 20 years it seems to me that some of our elected officials in both federal and state governments seems to have forgotten that they took an OATH OF OFFICE TO NOT ONLY DEFEND THE CONSTITUTION BUT ALSO THE LAWS OF THE LAND. And we are really seeing it now with Biden, his admin, and the democrats in office now today. They keep refusing to enforce our laws. And want to keep pushing for laws that are UNCONSTITUTIONAL. They are refusing to secure the Southern Border. They made mandates on masks and getting vaccinated for the China virus. And in some states they UNCONSTITUTIONALY changed voting laws. Claiming it was all because of the China Virus. And sorry to say we are now finding out that there were some major issues with the way the votes were handled and counted. And yet Biden and the democrats are still trying to pass laws that they have no power to pass or even to bring up for a vote. And I also really think that they either have forgotten what the constitution says they can do or what they are not allowed to do. Or they just don’t care because it is all about them wanting total power over everything and everyone. Well I think that in the mid-term elections that they are in for a really big surprise when they are voted out of power. and that they will not understand that it was because of their failed and bad policies. And American citizens had had enough of their bad policies. So they fired them.
You said, “I also really think that they either have forgotten what the constitution says they can do or what they are not allowed to do… Or they just don’t care… ” I think it is that they don’t care. If they are willfully disobeying the Constitution and blowing off their oath, then they need to be removed. Thank you for the comment!
One of the first things that came to mind was why is the government allowed to regulate automatic weapons like they do? Not that I am looking for such a weapon, but why does the government legislate a band on what they think I need or would like for my personal protection. I don’t remember reading in the constitution that I have the inalienable right to keep and bear arms except for automatic weapons. And now with the proposed “Assault Weapons Ban of 2022” in the legislation they are defining “semiautomatic assault weapon” as a semiautomatic rifle that has the capacity to accept a detachable ammunition feeding device; and has any of the following: pistol grip, forward grip, folding, telescoping, or detachable stock, grenade launcher, barrel shroud or a threaded barrel is a step to far and out of the constitutional wheelhouse. As the looks of rifles have change over time, the one produced today operate the same as they did before, but just look different. If these are assault weapons, then why hasn’t the government declared that knifes clubs, or fists are also assault weapons since mor murders are commitment with them than the so-called assault rifle they have defined.
Wow – I did not know that’s how they were attempting to define “assault weapon”. That is crazy. To answer your question, I absolutely believe it is unconstitutional for the federal government to limit your ability to own an automatic weapon. I always say that if any level of government is going to tell me I don’t “need” any type of weapon, then let it be a level of government that is not SPECIFICALLY PROHIBITED from legislating gun control. “…the right of the people to keep and bear Arms, shall not be infringed.” The federal government has no jurisdiction to restrict the right of the people to keep and bear arms. If the second amendment wasn’t there, they still wouldn’t have jurisdiction because it is not listed in the enumerated powers. Not only is it not listed in their enumerated powers, but it is specifically prohibited for them to “infringe” on the rights of Americans. Thank you for the comment!
Our Founding Fathers had insight about our possible future than the people that are actually living with a tyrannical government currently. If the opposers could step out of emotion and read and try to understand original intent of the 2nd Amendment, putting themselves in a scenario of needing to defend themselves or their children, maybe they would see the benefit and support. Instead they want to defund the police and disarm “we the people,” thinking their government is there to save them, which we know couldn’t be further from the truth.
I worked in the offices of Elementary and High Schools for 17 years. The schools put in psuedo security (and school safety security officers are a joke – only because of their limited “power”) and parents are appeased until another school shooting. They want to bring a knife to a gun fight – or more recently, they want to bring in social workers to the gun fight. We are moving backwards :(.
Thank you for your comment, although it is heartbreaking. I agree they are not really trying to address the problem of murderers who get into schools to work their evil. Instead, they respond only with their agenda – which is unConstitutional. May we stop moving backwards and return to the principles of God’s Word upon which our nation was built.
God never left, God knows exactly what is happening and it had to be exposed, the sad part is that it is very ugly and many lives have been lost, but it was due time for this exposure to occur. God is not done yet, we have so much more to live for after this demonic evil is put in its place.
Amen – there is now no mistaking the wicked and evil intent of those (many of whom are in public office) and the unConstitutional agenda they are pushing – even while they are under oath to support it. May Americans wake up, see their lies, hold them accountable, and vote them all out of office – or I am good with impeachment – either way. May America turn from our wicked ways, repent and turn back to God, and pray He will heal our land. Thank you for your comment!
Wherever the right of the people to keep and bear arms is prohibited under any color or pretext whatsoever, liberty, if not already annihilated, is on the brink of destruction.”
All the quotes are very good in this blog, this one warns of that spiral our nation faces!
Yes it does. I hate to see the nation destroyed and our form of government dismantled. But that is what gun control does to us. Terrible. Thank you for your comment!
The mass killing of children is an emotional hotspot for those not understanding the Constitution. The younger generation, in my observation, is always supportive of gun control after incidents like this. We MUST get back to CIVICS class!
I like the example of an enemy of the state supporting the elimination of guns. What a dangerous web this entails.
Yes definitely. It is so dangerous and really tragic to allow the best Constitution ever written to be trampled into the ground. We want to share the principles our nation was built upon with as many Americans as we can reach. May we learn again the value of limited government! Thank you for your comment!
The nail was hit firmly on the head in this article.
I had always thought that one of the main reasons for the Second Amendment was to protect ourselves against our Nation becoming tyrannical. Your explanation of this in the form of an enemy of our government was spot on.
Sadly, this is going on right now. FBI Agents are showing up at gun sellers and owners houses asking that their weapons be surrendered. They are going after high powered arms. People in Washington seem stupid, but they are not. They know they can only secure power by disarming the population.
Two things escape most people: 1) The media never tells you that the perpetrators in these mass murders were already known about in some way or that there was some mental instability involved. 2) That it is not usually the legal gun owner who is committing crimes, it is the illegal gun traficking that is fueling the destruction. With Soros backed DAs, real criminals are released while law abiding citizens are being threatened with gun ownership. Crazy, huh?
Yes Maam… it is crazy. However, the thing is that our Constitution would naturally protect us from this tyranny if our officials would just stick to the oath they swore to support it! If we held to our form of LIMITED government, then we would all realize there is no jurisdiction for the federal government to legislate gun control. Thank you for your comment!