Scott Rupert for Ohio’s U.S. Senate 2016
Changing the Way Politics is Done

Guns  and  Constitutional  Ammo

UN Small Arms Trade Treaty vs. The Law

For all the concern over the U.N. Gun Treaty, I’ve not heard much talk of the power of the Constitution to prevent it, only hand wringing over the certainty the President will sign and the Senate will ratify. I’m willing to admit that I am no historical or constitutional scholar, but my basic understanding of the two tells me the Constitution was written and initially amended to include the Bill of Rights, to prevent just such a thing from ever happening. So I beg to ask the question: Why aren’t We The People asserting the power and authority of the Constitution?

I know our elected officials have given us the impression that we don’t have the ability, but I’m here to tell you that we do! More importantly, we must! It’s more important than ever that We The People come to understand just how much power that document gives us over our government—a government that exists and derives its powers from our consent. (See the Declaration of Independence.)

Let’s talk a bit about the Constitution and the Bill of Rights, specifically Article 6 and the Fourteenth Amendment. I guess since the topic is our Second Amendment rights, we’ll throw that one in as well.

The Bill of Rights makes clear, in its preamble, that it was added as a requisite part of the original Constitution pursuant to Article 5, not as an afterthought. The Ten Amendments were added to insure against a tyrannical national government. It reads as follows:

Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

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 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.

RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

The Second Amendment states:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

This gives each individual citizen, of each individual State, the right to be armed.

For what purpose? To protect the sovereignty of the State? What about the sovereignty of the individual? I would argue that constitutionally this right exists, State laws notwithstanding, but that is not the point of this article. I’m making the case that, constitutionally, the Senate cannot vote to take away any American’s right to keep and bear arms, even if ratifying a treaty has that effect. I’m arguing that, constitutionally, the United States cannot be a party to the United Nations, nor can monies be taken from the National Treasury to fund such an organization. I’m also arguing that any senator or representative that casts a vote against the sovereignty of the United States is no longer qualified, under the Constitution, to hold their office. But the onus is on We The People to assert the authority given us by the Founders.

Article 6 Section 3 of the Constitution reads, in part:

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution

Congress is bound by oath to our Constitution and ours alone. This includes our right to keep and bear arms. The hand of providence, to borrow a bit of the Founders’ lingo, enhanced our power, in this regard, with the adoption of the Fourteenth Amendment. It reads, in part:

No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same

Insurrection or rebellion against what? The Constitution of the United States!

Here’s how I see things. Any senator that votes in favor of ratifying any treaty that usurps the U.S. Constitution in any way, be it directly or indirectly, is no longer constitutionally qualified to hold office. The same can be said of the President. But again, the onus is on us!

Finally, I promised a constitutional argument against U.S. membership in the United Nations. Section 4 of The Fourteenth Amendment reads, in part:

But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States

Thanks again to providence, the mechanisms already exist to remove the United States from her alliance (if that’s even the right word) with an organization clearly hostile to the individual liberty of the citizens of the United States or, citizens of the united States, whichever is your preference.

But we still come back to the original question: Why aren’t We The People asserting the power and authority of the Constitution? Only we can. There is no reason to think that men and women who have made careers of government will do it.

The Constitution was written to limit government because the Founders, having lived with tyranny themselves, understood that human nature left to itself will take what it can get. Think about it. How blessed we are to have had a unique collection of individuals bound together by a vision of liberty and justice for all. They gave us a government We The People can control from the inside. But the onus is on us!

Article 1 Section 2 Clause 2 of the U.S. Constitution reads as follows:

No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

That’s all the Constitution requires to qualify as a representative.

Article 1 Section 3 Clause 3 of the U.S. Constitution reads as follows:

No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

That’s all the Constitution requires to qualify as a senator. Everything else that brings average Americans to presume themselves unqualified to participate in the experiment in self governance has been placed upon us by politicians. We can no longer afford to sit on the sidelines complaining about how the game is being played. We must participate. The Constitution gives the power to each and every individual to control government, if we are willing to exercise it. If we are not willing to push back in the areas where federal government is intruding, it won’t be much longer before our government is controlling us completely.
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