The Constitution is not a ``living'' document

2013-04-26T18:00:00Z The Constitution is not a ``living'' document Herald-Review.com
April 26, 2013 6:00 pm

When applied to the Constitution the term living document is leftist propaganda used for evisceration of the Constitution and usurpation. It always increases federal power. It never reduces or limits power.

For the rule of law, the Constitution, to exist, its meaning must remain static. It is not a living document, evolving and conforming to changing times or experiences. The lawful remedy to such issues lies in the amendatory process. James Madison reminded Congress in 1817 that the framers had “marked out in the Constitution itself a safe and practicable mode of improving it as experience might suggest.”

Thomas Jefferson believed the Constitution could be understood by the average person. But to understand it one must interpret it in light of original intent. Read the Constitution. For clarity study the Declaration of Independence, the Federalist and Anti-Federalist papers, George Washington’s farewell address and other foundational works. The founder’s own words provide the blueprint for understanding.

Jefferson voiced this admonition: “On every question of construction, carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed.”

In light of that original intent one must conclude the Second Amendment guarantees our God-given right to own and bear arms for self defense, self preservation and as a means to deter and repel tyrannical government.

Those arms necessarily must include state of the art firearms equivalent to the military style weapons of the day (the era in which we live). Why? Because we are citizen soldiers (militia) entrusted with the duty to preserve and defend liberty.

Monica Seigfreid

Assumption

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(22) Comments

  1. Sarian
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    Sarian - August 14, 2013 11:52 am
    Have a simple question... IF it is not to be considered in any way, shape, or form a changeable living document.. then why did one of the framers.. one of the great minds of the day.... who also wrote our Declaration of Independence, and other documents Thomas Jefferson make the following statement? "No society can make a perpetual constitution, or even a perpetual law. The earth belongs always to the living generation…Every constitution, then, and every law, naturally expires at the end of 19 years. If it be enforced longer, it is an act of force and not of right.” —Thomas Jefferson (in a letter to James Madison from Paris, September 6, 1789)
  2. 2SpeakTruth
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    2SpeakTruth - May 16, 2013 9:53 pm
    Wow you know how to copy & paste..
  3. 2SpeakTruth
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    2SpeakTruth - May 16, 2013 9:47 pm
    GOOD ONE ETBass.. LOL Their so dumb they wont get it though.
  4. 2SpeakTruth
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    2SpeakTruth - May 16, 2013 9:44 pm
    What are you smokin Claud? Or should I say you have had to much kool-aid..
  5. Civil Discourse
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    Civil Discourse - May 10, 2013 12:50 pm
    So, CLG, do you show up for muster when your state requires it with the properly cleaned ammo or gun powder as it were? I didn't think so. That's what Well Regulated Militia means. Not a free for all.
  6. Civil Discourse
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    Civil Discourse - May 10, 2013 12:49 pm
    Hmmmm...CLG must have missed the memo where Scalia said he expected gun laws as they were in the past to change by future decisions (either SCOTUS or through local and federal laws).

    Scalia said exceptions to gun rights were recognized when the Second Amendment was written, including a tort that prohibited people from carrying a “really horrible weapon just to scare people like a head ax or something.”

    That would be a direct quote from a Fox news article, CLG.
  7. claudius
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    claudius - April 29, 2013 11:26 am
    @CLG 4 - Yeah, that help for the people of New Jersey that didn't come?

    That was thanks to the teabaggers in Congress who suck up all the help they can get when their state experiences a disaster, but then want to deny it for others. Typical ultracons.

    Ask Chris Christie how he feels about that, and the scum who abandoned New Jersey.
  8. CLG 4
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    CLG 4 - April 29, 2013 7:26 am
    spqr2001, the real threat that never comes is the ONE you don't see. Like I'm from the government and I'm here to help. Ask the people on the seashore of N.J. how their help from the government is coming along. The Constitution is in place because the people that wrote and voted for it knew that people needed protection from whoever was running the government. The first 10 amendments (the bill of rights) specifically states what the government CAN NOT DO). These were lessons the framers learned very well in their homeland of england. What you write about is our government trying indeed to go around or do away with the first 10 amendments. Picking on one of these amendments is just showing the REAL threat from our government.
  9. spqr2001
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    spqr2001 - April 29, 2013 6:42 am
    First and foremost let me say, I didn't realize we had some many Constitutional scholars living in Macon County! Why aren't you all out in D.C. practicing in front of the Supreme Court or teaching at a major university?

    Secondly, while everyone argues over mythical attacks on the Second Amendment, you don't pay attention to the real problems attacking our freedoms. Fourth Amendment? Under attack daily in this day and age. First Amendment? Ask certain religious groups about that. Sixth Amendment? Ask the Boston Bomber about a fair trial (with all the arguments to make him an "enemy combatant").

    All these, and more, under attack every day. But good lord don't touch my guns! I need to protect myself from a threat that will never come.
  10. claudius
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    claudius - April 29, 2013 1:28 am
    @Jjjs - That's pretty typical. You get called on a phony Washington quote, so then you roll out a phony Jefferson quote to make up for it?

    What's next? A phony Ben Franklin quote?
  11. ErnestTBass
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    ErnestTBass - April 28, 2013 4:51 pm
    Just remember folks:
    "Participating in a "gun buy-back because you think Criminals have too many guns, is like you wanting to be castrated because you think the neighbors have too many kids."
  12. claudius
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    claudius - April 28, 2013 12:50 pm
    @CLG 4 & Jjjs -

    "In 2008 the Supreme Court held that the Second Amendment did secure the right of law-abiding, responsible adults to have handguns in their homes for protection. Yet the court went out of its way to acknowledge that most forms of gun regulation remain constitutionally permissible. “Like most rights, the right secured by the Second Amendment is not unlimited,” Justice Antonin Scalia, explained. In a sentence the NRA and many gun-rights extremists apparently missed, Scalia wrote that the Second Amendment is “not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.”

    This from Scalia, arguably the most conservative of the entire court.

    It's always fun to watch semi-literate gun addicts try to argue constitutional law and history. Sort of like watching a guy who has to sound out the big words explaining the bible to a PhD theologian.
  13. Jjjs
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    Jjjs - April 28, 2013 11:17 am
    CLG4, The federal government has only “enumerated powers”. NOWHERE in the U.S.Constitution did we the people delegate to the federal government authority to impose ANY restrictions on guns, ammo, etc. They violated Our Constitution when they impose these restrictions. If you think they do please prove it by citing Article, Section, and clause of the constitution that grants the federal government the power to make laws concerning guns & ammo.
  14. Jjjs
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    Jjjs - April 28, 2013 10:59 am
    Case laws is nothing but Supreme court OPINIONS..... The framers stated many times the Judaical branch was to be the weakest of the three branches. Apply the rules from the preamble to the Bill of Rights and the meaning of 2nd becomes very clear. Stop living in denial of the facts
  15. Jjjs
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    Jjjs - April 28, 2013 10:56 am
    "The conventions of a number of the states, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its [Congress] powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution."

    2nd amendment:

    A well-regulated Militia, (declaratory clause)
    being necessary to the security of a Free State, (declaratory clause)
    the right of the people to keep and bear Arms, (declaratory clause)
    shall not be infringed. (Restrictive clause)

    All gun laws are infringement.




    The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.

    -Thomas Jefferson
  16. Jjjs
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    Jjjs - April 28, 2013 10:48 am
    The preamble tells us the EXACT reason and intent to the Bill of Rights. You don't like it because you can't misconstruct the Bill of Rights. The preamble does have force in determining the original meaning & intent, as it is part of the Bill of Rights..... you gun grabbers hate that I know. And everything I posted is factual...


    http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html
  17. CLG 4
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    CLG 4 - April 28, 2013 8:11 am
    Here's a news flash for you claudius, the Supreme Court using the the Constitution, it's amendments and 200 years of case law have already ruled that the 2nd Amendment is in fact a law of the land and "THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED". It seems that you are arguing with yourself over the 2nd amendment or is it just that the stupid Constitution is getting in the way of how some liberal politicians want the voting to go and they can't have their way.
  18. claudius
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    claudius - April 27, 2013 10:57 pm
    @Jjjs - Wow! Two posts, and not a real fact in either. When state militias (well-regulated, I'm sure) are co-opted for federal purposes, they are federal troops.

    I addressed the first clause of the 2nd Amendment because you gun goofs keep trying to pretend it's not there. So, maybe you're the one who should be giving equal weight to all the clauses.

    The Preamble and the Declaration of Independence are noble rhetoric and very inspiring. Yet, they have no force in law. The Constitution and its Amendments are it, along with over 200 years of case law providing precedence that the Supreme Court observes, but is not bound by.

    And your admonitory quote "by George Washington" is as phony as a three-dollar bill. Like the rest of the gun goofs, you want to just pick out the "good bits" from the Constitution and deny the rest, and make up ridiculous statements that you claim were said by someone important, but weren't.
  19. Jjjs
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    Jjjs - April 27, 2013 5:59 pm
    And by the way, Washington led the militia from 5 states.... to the Whiskey Rebellion.

    With 13,000 militia provided by the governors of Virginia, Maryland, New Jersey, and Pennsylvania, Washington rode at the head of an army to suppress the insurgency.

    The thought of there being a federal standing army outside of times of war was repugnant to the framers.... they didn't trust the federal government with a standing army. The very reason they valued the right to self-defend with state militias
  20. Jjjs
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    Jjjs - April 27, 2013 5:49 pm
    Claudius, try giving equal weight to all the clauses.... including "THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED. You only want to give weight to one declaratory statement. and skip over the restrictive one.

    From the preamble to the Bill of Rights:
    "The conventions of a number of the states, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its (Congress) powers, that further... declaratory and restrictive clauses... should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution."

    The framers added this preamble and the Bill of Rights to protect us from people like you.
    You speak of George Washington:

    "Firearms stand next in importance to the Constitution itself. They are the people's liberty teeth" -George Washington

    We know you gun grabbers hate the U.S. Constitution, but it's still the supreme law of the land.
  21. claudius
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    claudius - April 27, 2013 1:37 pm
    And while you're digging out all that original intent, pay particular attention to the part about "a well-regulated militia."

    You might find out a little more about that original intent, too, if you read about the Whiskey Rebellion, when George Washington led federal troops to put down the resistance in western Pennsylvania by armed citizens.

    I love to see the insistence by the far right on the sanctity of a document resulting from bitter, hard-fought negotiation over 200 years ago. Particularly when that insistence is always narrowly restricted to just the parts they like.
  22. Jjjs
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    Jjjs - April 27, 2013 10:31 am
    Well said Monica.... and factual
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