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Thursday, December 20, 2012

Who Does the US Constitution Apply To?

I think most people entirely miss the point when they discuss what rights we have or don't have in our Republic, the United States of America.

The recent debate on gun rights is proceeding under the assumption that the federal government has the right to put restrictions on the citizens as to what type of firearm they can own and what they cannot, and whether or not it is to be registered, or if certain types can be banned.

The federal government does not have the right, or the authority, to infringe upon our right to own firearms. The National Firearms Act (whether 1934, 1968 or any future act) is unconstitutional. It is null and void. Anyone sitting on a jury that is trying a case where someone is charged under any of these acts should return a verdict of "not guilty" regardless of what instructions they receive from a judge.

Below is a more clear statement of these ideas in general...

The important point is that the Constitution doesn't apply to Americans, it doesn't apply to citizens, it doesn't even apply to "people." It applies to the federal government. The body of the Constitution tells the federal government what it is allowed to do, and in some places it explains how to do it (election procedures and such). The Bill of Rights tells the federal government what it is not allowed to do . . .
  1. Make no law abridging freedom of speech, press, religion, or assembly,
  2. Do not infringe on the right to keep and bear arms.
  3. Don't quarter soldiers in peacetime.
  4. Don't conduct unreasonable searches and seizures.
  5. Don't commit double jeopardy or force people to testify against themselves.
  6. Don't deny an accused a speedy trial.
  7. Don't deny an accused a trial by jury.
  8. Do not impose excessive bail.
  9. Just because certain rights of the people aren't mentioned in this Constitution doesn't mean you're allowed to usurp them.
  10. Don't exercise any power not authorized in this Constitution.
Where exceptions were meant to apply, they are specifically stated. And there are no exceptions stated for any type of guns, for any type of speech, for any specific crimes, or for crimes where non-citizens are involved.

~Harry Browne [1]

Hat Tip to Kernersville Lawyer on Facebook, who posted an excerpt of this earlier on his page. And that posting prompted me to look for more information.