Repeal of the 2nd Amendment would not Abolish any Right + The Legalization Of Deviant Behavior

Following the recent school shooting in Connecticut, American citizens have once again displayed their total ignorance concerning the Constitution, the Bill of Rights, and the Second Amendment. Facebook postings, comments to so-called news articles and letters to the editor are calling for repeal of the Second Amendment. These individuals believe the right to own a firearm is based on the Second Amendment and the right will vanish if the Amendment can be repealed. Unless the Second Amendment created the right, then repeal of the Amendment cannot constitutionally abolish the right.

Following the Federal [Constitutional] Convention of 1787 and the subsequent ratification of the Constitution in 1788, the several States began submitting amendments to Congress for consideration. By September of 1789, Congress had reduced approximately 210 separate amendments to 12. The amendments were inserted into a congressional resolution and submitted to the several States for consideration. Of these, numbers 2-12 were ratified by the States in 1791 and became the so-called Bill of Rights.

A little known fact about this resolution is that it contained a preamble declaring the purpose of the proposed amendments. Most modern editions of the Bill of Rights either do not contain the preamble or only include the last paragraph. The most important paragraph is the first one because it discloses the intent of the proposed amendments.

A review of this paragraph shows that the sole purpose of the proposed amendments was to prevent the federal government from “misconstruing or abusing its powers.” To accomplish this, “further declaratory and restrictive clauses” were being proposed. The amendments, if adopted, would place additional restraints or limitations on the powers of the federal government to prevent that government from usurping its constitutional powers. Every clause of the Bill of Rights, without exception, is either a declaratory statement or a restrictive provision.

If the Bill of Rights had granted rights, then the word “granted” would have to appear each and every time a right was being established. A review of the Bill of Rights shows that the word “granted” does not appear in any Amendment.

In reality, the Bill of Rights placed additional or secondary restraints on the powers of the federal government concerning the rights of the people and powers reserved to the States. That is why the words “no,” “not” and “nor” appear throughout the Amendments instead of the word “granted.”

Since the Second Amendment did not create or grant any right concerning firearms, the right enumerated in the Amendment has to be an existing right separate from the Amendment. Thus, repealing the Second Amendment would not eliminate any right because the right enumerated in the Amendment was not created by the Amendment. The right to keep and bear arms exists independent of the Constitution or the Second Amendment.

In order to help explain this constitutional principle, I reluctantly decided to reference a United States Supreme Court case from 1875. Normally, I would not cite a court case to support a constitutional principle because too many opinions do not reflect the true intent of the Framers. However, I decided to make an exception because this decision states this constitutional principle clearly and concisely and has never been overturned.

In the case of United States v Cruikshank, the United States Supreme Court held that the rights enumerated in the Bill of Rights were not granted by the Amendments and are not dependent upon the Constitution for their existence. The Court also ruled that the Amendments were restraints on the powers of the federal government and it is the duty of States to secure the individual rights of the American people.

One of the most definitive and succinct interpretations of the Second Amendment is found in the Court’s second holding:

Become a member and support the TAC!

“The right there specified is that of ‘bearing arms for a lawful purpose.’ This is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence. The Second Amendment declares that it shall not be infringed: but this, as has been seen, means no more than that it shall not be infringed by Congress. This is one of the amendments that has no other effect than to restrict the powers of the National [Federal] Government…”

The Second Amendment did not create or grant any right to keep and bear arms. It placed an additional restraint on the powers of the federal government concerning the existing right to keep and bear arms. Thus, all a repeal could do, from a federal standpoint, is remove the secondary restraint imposed on federal power by the Amendment. And since many States have a right to keep and bear arms clause in their constitution, separate and apart from the Federal Constitution or the Second Amendment, the existence or non-existence of the Second Amendment would not affect the right because the federal government was not granted and does not have the general power to abolish a natural or individual right secured by a State Constitution.

Note: There is a school of thought that the Fourteenth Amendment made, through a doctrine known as incorporation, the Second Amendment applicable to the individual States. Since the Second Amendment did not create a right, then repeal of the Amendment could not abolish the right in the individual States through the Fourteenth Amendment.

The Legalization Of Deviant Behavior

Read More Articles by Dave Daubenmire

America has undergone a radical transformation and the average American is oblivious to what has occurred.  As the average “Deplorable” laments the decline of this once great nation very few have a deep understanding of what has actually occurred.

The Bible, which most Americans no longer read nor believe, gives a clear warning in the book of Isaiah “Woe to those who call evil good and good evil…”  Sadly, the America that most of us pine for is but a faint fog in our once vibrant memory.

Normal is no longer normal.  Common sense is no longer common.  What used to be universally accepted is now scorned.  Old fashioned Mom and Pop beliefs have been replaced by a deepening dark degree of deviant directives designed to rewrite the standards of right and wrong.

Pull back the curtains and peek outside.  There is no longer a common standard upon which behavior can be regulated.  Once the Bible was removed as the cultural barometer in America the barn door was opened to the introduction of all forms of animalistic behavior masquerading as Constitutional rights.  The removal of the God’s standards from the minds of our people has given us a time “when everyone does what is right in his own eyes.”

Normal is no longer a standard, normal has become a perspective.  What is normal for me may not be normal for you.  Opinion has become the sinking sand upon which American morality now teeters.  An ever-changing standard of normal has thrown the American culture into chaos.

Evil becomes good when right and wrong are merely an opinion.  Even science has become an opinion…bought and sold to the highest bidder with a demonic agenda.  Is manmade global warming true or not or can favorable research be produced for 30 pieces of silver?

Most of our laws are put into force in order to control behaviors.  Back in the day when we all shared a common set of values we endeavored to legalize “normal” behavior while criminalizing abnormal.  Normal behavior was encouraged by law.

Deviant was the word we used back then.  Deviate is a word emanating from the unchanging laws of mathematics.  Websters 1828 Dictionary defines deviate as “To turn aside or wander from the common or right way.”  Evidently Daniel Webster was a homophobe because he believed in a “common or right way.”

Deviant is defined today as a person or thing that deviates or departs markedly from the accepted norm.  Abnormal behavior is deviant.  We simply deny that truism.

Man can never make straight what the Lord calls crooked nor can he make crooked what the Lord call straight.  Since deviant behavior by its very definition can never be made normal it is the term “normal” that must be redefined.  Hence a nation where the most abhorrent of behaviors must be reclassified as human “rights”.  A moral wrong can never be a Constitutional right.

Abortion is no longer murder but rather a Constitutional right.  Homosexual sodomy is no longer deviant but has become a Constitutional right.  Pedophilia is on the fast track to be normalized as nothing more than an “orientation” and a Constitutional right.

Today anal sex between men is no longer argued as abnormal behavior but as a Constitutional right.  The approach has been simple.  Normalize the abnormal by calling it discrimination and demand the right to practice it.  “Legalizing” male on male anal sex does not make it normal.

Look, my friends, laws are put into place to control behaviors. Most laws punish deviant behaviors.  Luckily for us, most criminal behavior is deviant…against accepted normal standards…and is punished as such.

But a transformation is taking place as the deviants work to normalize abnormal behaviors.

The sex act is nothing more than a bodily function.  It requires no “love” and no orientation.  Many of our citizens have a vibrant sex life without the benefit of a partner.  They defecate in private and they masturbate in private.  Both are simply bodily functions done in seclusion.

Enjoying hamburgers more than hot dogs is not an orientation, it is an appetite.  Some like steak, and some like chicken, but both selections are considered normal.  Eating another human being would be…deviant…abnormal…and illegal.

Love is not sex and sex is not love.  Love is an emotion while sex is a bodily function.  Declaring the right to “marry” simply because you are “in love” does not hold up to scrutiny.  I love many different people with whom I have no desire to engage in a sex act with.  I love my children…my buddies…my neighbor…my grandchildren…my dog,  but using any of them to reach an orgasm is deviant…abnormal.

At the same time, it is possible to use another person simply to fulfill my sexual appetite and my desire to reach an orgasm.  That is what hookers and pornography are used for…simply fulfilling a physical appetite.

Eating is a bodily function.  Using the restroom is a bodily function. Smoking cigarettes and drinking booze are bodily functions.  Some of us have “normal” appetites and some of us have “deviant” appetites.  Engaging in some behaviors is normal while engaging in others is not.  The purpose of laws is to control the abnormal behaviors.  Satisfying any and all appetites is not a Constitutional right.

What if a drug addict was “born that way?’  Isn’t taking drugs a choice?   Why isn’t their “appetite” legal?  Would you rather your son use drugs…or sodomize his best buddy?  I say both behaviors are abnormal.  Drug addiction is a sickness…but sodomy is normal.  Understand?

America is upside down.  Owning a gun is becoming deviant.  Believing in the Bible is abnormal. Speaking what is on your mind is offensive. Cross dressing is heroic.

You know the world has gone bonkers when heterosexuals do not want to get married…and the homosexuals do.

Try as they might the deviants cannot make the abnormal normal and calling it legal does not make it right.  You cannot make straight what God has declared crooked.  Why do we fall for such foolishness? Why are the churches looking the other way?

© 2018 Dave Daubenmire – All Rights Reserved

E-Mail Dave Daubenmire:

Dave Daubenmire is a veteran 35 year high school football coach who was spurred to action when attacked and sued by the ACLU in the late 1990s for praying with his high school football team. After a two year battle for his 1st amendment rights, the ACLU relented and offered coach an out of court settlement. Challenging the “church of the Status Quo”, Pass The Salt Ministries is calling Christians to wake up and engage the culture. By taking the fight to the enemy, Coach Daubenmire has become a recognizable voice in the media as he is an unashamed, articulate, apologist for the Christian worldview. A popular, high-energy speaker, Coach Daubenmire’s motivational lectures, laced with powerful and relevant Scripture, is challenging Americans all across the country. E-Mail: Web: Web:

Olddogs Comments!

Right on Dave! The scum of the earth is now the cream of the crop.

Comments are closed.

%d bloggers like this: