Constitutional Law 101 - Defense and Self Defense - [2nd & 3rd Ammedments]

II. 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.

III. No soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to prescribed by law.

Continuing my discussion of the enumerated rights of man and woman, I move on to the Right to Defend oneself. So let's get right into it and list the rights as outlined in the Amendments and related rulings.

  1. Right to bear Arms (2nd)

  2. This is a real hot topic today, especially in the United States. I don't feel as though I have to explain anything from meaning of the words as I believe all one has to do is read the Declaration of Independence, study some history and have some empathy. Please see my previous article on the First Ammendment. If you do not believe that the 2nd Ammendent is for ALL, even soldiers who gave an 'Oath' to defend against enemies 'both foreign and domestic', well here's some food for thought taken as a picture from a recent news event. Perhaps wearing or putting up a sign will do some good? Take a good look at the sign on the door!

  3. Right to not quarter soldiers in your house (3rd)

  4. Is this an issue? What is the meaning "by law"? Can police quarter themselves in your house by order of a court? Are these 'courts of law orders' for the people or are they of another jurisdiction? The word "order" sounds military. Are police, soldiers? After all, they are armed, trained and funded by public money as such. What's in a definition? The Posse Comitatus Act basically holds that military personnel cannot act as police on a particular type of U.S. "soil" (Remember there are three(3) different "United States" defined in Law - therefore in America, there are three(3) types of "soil", the Good, the Bad and the Ugly - But still, a Better soil exists here and is spread out everywhere! On which soil did the Great Farmer scatter you? In this end of this third measure, you will know!

    Later that same day Jesus left the house and sat beside the lake. A large crowd soon gathered around him, so He got into a "vessel" under His own banner. Then He sat there and taught as the people stood on the shore. He told many stories in the form of parables, such as this one:

    “Listen! A farmer went out to plant some seeds. As he scattered them across his field, some seeds fell on a footpath, and the fowls came and devoured them. Other seeds fell on shallow soil with underlying rock. The seeds sprouted quickly because the soil was shallow. But the plants soon wilted under the hot sun, and since they didn’t have deep roots, they died. Other seeds fell among thorns that grew up and choked out the tender plants. Still other seeds fell on fertile soil, and they produced a crop that was thirty, sixty, and even a hundred times as much as had been planted! Anyone with ears to hear should listen and understand with their hearts.”

    There have been cases and some argue that police are not soldiers and that is the reason why public laws are becoming more invasive. I don't think the police should be viewed as some sort of antagonist, they are indeed formed by indiviuals of 'the people' who contract as public officers or government employees to keep the peace and should be acting in the capacity of peace officers. It could be argued that police are not public officers, and answer to 'the people' since many police forces have been privatized, this in itself causes a conflict of interests and I do feel the nation has taken a course without rope down a very steep and slippery slope because of the commercial profit motives of penal pecuniary defined crime. These things happen when 'the people' themselves are lax in understanding. Public officers are not to be privatized. Public officers, like Sheriffs and Judges take an oath to protect and defend the constitution for the united States of America. This should make one pause to think as it does not necessarily mean that privitization can't occur or has not already happened, thereby rendering any oath a superficial ceremony of appearances. And, if the oath lacks its original substance, who then is it taken for and to what? God will hold everyone accountable to their 'Oaths'.

    Everyone will sit under their own vine and under their own fig tree, and no one will make them afraid

  5. Right to self-defense (when life is threatened) (3rd)

  6. Beard v. U.S., 158 U.S. 550 (1895)

Right to be Secure in Self, Family and Home, 4th Amendment Rights

Research perfomed from 'without the United States'. [ 28 U.S. Code Sec. 1746 ]




Peace be unto you. Thank you for visiting!