Every day I receive questions from people wanting clarification on Constitutional issues. Today I received a question regarding our Right to Keep and Bear Arms and I wanted to share with you all my answer:
KrisAnne, I listen to your podcasts every week and appreciate the education you offer. I have a question for you that I cannot figure out on my own and I trust few, maybe non other than you, on constitutional commentary.
Question: can the federal government amend the constitution in such a way as to alter or abolish the 2nd amendment?
I’m wondering if some natural rights are inherently protected and free from any constitutional amendments to the contrary, or, so long as the amendment passes based on constitutional rules, can the constitution basically say anything including a direct violation of natural rights?
I really appreciate any help you might be able to offer on this issue (which isn’t specific to the 2nd Amendment).
There is good news and bad news. Article V of the Constitution establishes a mechanism for the Constitution to be amended. Any amendment must be approved by 3/4 of the States in the Union. The bad news is that it is possible through this mechanism to amend the 2nd Amendment. The good news is that your Right to Keep and Bear Arms is not grated to you by the Constitution, the government, or by any person. Your Right to Keep and Bear Arms is a Natural Right and cannot be taken away. Samuel Adams wrote an essay titled; The Rights of the Colonists. In this essa
y he gives us this understanding:
“Among the natural rights of the Colonists are these: First, a right to life; Secondly, to liberty; Thirdly, to property; together with the right to support and defend them in the best manner they can. These are the evident branches of, rather than deductions from, the duty of self-preservation, commonly called the first law of nature.”
Our Right to defend our lives, liberty, and property must be an Inherent Right. If it is not a Right, then it is merely a privilege we must seek permission to exercise. If we must seek permission to defend our lives, liberty, or property, then we are not free, we are nothing more than slaves. Slavery is antithetical to Natural Rights and anything that makes you a slave is an aberration of the Laws of Nature. However, Liberty has one rule; you cannot harm another. Violate that rule and you may have surrendered your Liberty. Therefore, any law passed by government to deny your Right to Keep and Bear Arms without individual due process, is contrary to Natural Law and therefore invalid.
Either Congress or a delegation of the States may amend the Constitution, but they cannot take your Rights. Only you can surrender them, through violation of another’s Liberty , apathy, or ignorance.