From My Cold Dead Amendments: Thomas Was Wrong to Invoke the 14th in Support of the 2nd Amendment

Rick Right Pernick

Our 2nd Amendment rights remain in jeopardy.  Former Congressman and 2008 Libertarian Candidate Bob Barr wrote in his publication The Barr Code, that Justice Thomas was the only Supreme Court Justice to issue an opinion rooted in constitutional law.  Barr is wrong and can no longer do shots in my bar (pardon the gun).

I have great respect for Justice Clarence Thomas, but the basis for his opinion in McDonald v. City of Chicago, Illinois is flawed…Daily Discord flawed! And while I’m sure there was a purpose related to current events, Thomas’s opinion to invoke the 14th Amendment creates continued opportunities for the states and municipalities to restrict the individual right to keep and bear arms.

The 2nd Amendment is clear, concise, and straight-forward, in the same way the Ghetto Shaman is not.  The Tao of Skull F*ck*ng?  Really, people?  A well regulated Militia, being necessary to the security of a free State, shall not be infringed; the right of the people to keep and bear Arms, shall not be infringed.  PERIOD, END OF STORY.  But I will continue this post, regardless. 

This is the Founder’s intent, as verified by the readings of the Federalist Papers, and the SCOTUS affirmed the 2nd amendment right as an individual right in Heller v. District of Columbia. The 4th Amendment requires ‘probable cause’ be given ‘supported by Oath or affirmation’  before ‘The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures’ can be legally waived.

The 5th Amendment cannot be revoked ‘without due process of law; nor shall private property be taken for public use, without just compensation.’ Unless it’s really cool stuff, like Gibson’s Maserati…well, before he wrecked it.

And while the Northern States may have deemed it necessary to affirm the constitutional rights of newly freed slaves, the ‘without due process of law’ clause in Section I provided the avenue for which the rights of the individual could be altered by those who write the law, namely government.

The right of the individual to keep and bear arms was intended to protect and defend all from an oppressive government and other hostile forces, foreign and Discordic.  A sensible person would claim a murderer or insane person should not have guns, but isn’t that why we have institutions such as prisons and asylums?  Isn’t that why, once convicted of a felony, a convict is forced to forfeit their constitutional rights?  It’s covered, people.  And thankfully I was both acquitted and medicated.

By arguing the 14th Amendment somehow guarantees us 2nd Amendment rights invokes a ‘due process’ clause by which the right to keep and bear arms can be restricted or revoked where no ‘due process’ clause existed.  On this issue, Thomas was wrong, but the question that must be asked, what was his intent?  Or is he off of his medications?

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