Just to make a point, let’s say I agree with the idea that the Second Amendment says we’re allowed to have muzzleloaders and not AK47s and the like.
This means interpreting the Constitution in a historical context and exactly what is written.
Making a point aside, I now tell you I am 100 percent willing to go with that interpretation. Really. Not kidding. Give up my pump shotgun. Give up my lever-action .22 rifle. Truly I say to you I am willing to do this.
Willing, provided the rest of the Constitution is treated exactly and 100 percent the same way. You hear me? We treat every single line of the historical context in which it was written. It cannot consider the world of today, except that it dictates what may and may not happen. It must be applied at the world existed when that part was written.
Wanna go there?
Let’s take a look at what this means.
Open right up with Article 1 Section 1:
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Judges cannot legislate from the bench. Can. Not. Judges must decide disputes. If they do not like the law, tough. If there is a problem with the law, judges CANNOT do anything about it from the bench. This becomes vastly important under the Amendments.
Section 4. The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.
Anyone remember the 1965 Civil Rights Act? That act required the 13 Southern States and some other places to get pre-approval by the Justice Department for any changes to the elections process.
Congress can’t delegate its authority.
Second, Congress cannot tell states where US Senators may be selected. States have the absolute right to set locations of polling places without federal government oversight.
Section 10. No State shall … make any Thing but gold and silver Coin a Tender in Payment of Debts…
Each state can mint its own money in silver and gold. Well now. Mebbe “sovereign citizens” have something on that one. (as for the rest they are delusional).
Section 2. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States…
So the POTUS is in charge of the Army and Navy and National Guard. He has no authority over the Air Force or the Marines.
Article 4. Section. 2 The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
Marriage licenses cross state boundaries. Driver’s licenses cross state boundaries. Hunting and fishing licenses also have to. Firearms permits, like concealed carry licenses, also have to.
This is backed up in Article 1 Section 8 “The Congress shall have Power To…regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;”
When you get to the Amendments it gets REALY interesting.
1 - Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press;…
Applying this in historical context, you have no freedom of speech online or any electronic medium. Your free speech is limited to what you can physically say or write down on paper, vellum, parchment or other 100 percent natural surfaces. An exception is made for a traditional print publisher working with cold type sheet-fed presses.
2- Already discussed
3 - 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 be prescribed by law.
We are at war. Have been since 1954. Congress can, at any time, order you to start housing and supporting soldiers. (Never mind we don’t do enough for our veterans).
4 - The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated (and so forth)
No Miranda rights warning. None. Get an officer of the law to testify something is wrong and you get arrested and searched. Miranda is a judicial convention. A judge (The Supreme Court actually) handed down this bit of law. Nope. Can't do it. Such warnings did not exist in 1790 and cannot be retroactively inserted.
6 - In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed (and so forth).
Change of venue? Nope. Tried where it happens. Speedy and PUBLIC trial. No more closed trials. Juvenile court? Open to the public.
7 - In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved (and so forth).
$20. Double sawbuck. Pissed off about what the restaurant charged you for supper? You can sue over a $21 tab. This stuff about raising the monetary limit, clearly unConstitutional.
8 - … nor cruel and unusual punishments inflicted.
I love this one. Let’s bring back hanging for stealing things, like cars. Let’s put people in stocks and flog them for a traffic ticket.
Dig this. “Often the pillory was just part of a package of punishments. On April 23, 1771, the Essex Gazette of Newport, Rhode Island, reported that ‘William Carlisle was convicted of passing Counterfeit Dollars, and sentenced to stand One Hour in the Pillory on Little-Rest Hill . . . to have both ears cropped, to be branded on both cheeks with the Letter R (for Rogue), and to pay a fine of One Hundred Dollars and Cost of Prosecution.’ It could have been worse. Continental paper money usually carried this line: ‘To counterfeit this bill is Death.’”
13- Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Commit a crime? You can be enslaved, not just tossed in jail. Made into a slave. Lincoln’s Emancipation Proclamation did not apply to the states which stayed in the Union, so that piece of work did not end slavery.
Daffodils. If you insist on setting the 2nd Amendment only in the times it was written, then do the entire rest if the Constitution the same way.