The Second Amendment and Obama’s Executive Orders

Biden came out today and said that President Obama may act alone with a series of executive orders to combat gun control. Maybe you think that is a good thing, maybe you think it’s a bad thing. In either case I think an executive order on gun control would result in an interesting discussion as related to the second amendment.

The Second Amendment

I hate it when people say that the 2nd Amendment is “the right to bear arms.” That’s just not true.

The “right” to bear arms is not a right granted by the Government. At least the founding fathers didn’t believe that. They believed that the right to defend yourself – including the right to have a weapon was a natural right.

What the 2nd Amendment actually does is outlaw any attempt by the Government to take away this natural law (i.e., no outlawing Guns).  Let’s read the amendment:

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.

The Amendment says “the right of the people to keep and bear arms, shall not be infringed.” Meaning the right to bear arms, which we have naturally, cannot be taken away by the Government or anyone else.

Executive Orders and Gun Control

I doubt that Obama will even think about issuing an Executive Order outright banning any weapons, but just the fact we are having the conversation is curious. Executive Orders always reek of forced unapproved policy.

More likely Obama will make getting a gun more difficult. Perhaps increase the requirements  documentation, background checks, etc. – I’m not sure what I think about that yet, but i do know it is an interesting phenomena when any leader starts issuing executive orders on issues that do not involve an emergency or war.

Why not let the congress handle it? Does President Obama think he knows better than the elected officials of the very people these congressmen and women represent?  I do not agree or like the idea of executive orders when it comes to things like this – it is more akin to a dictatorship than a presidency.

If the majority of the people truly believe in an issue let them voice their concern to congressman and pass a law the old fashioned way. Let the political system work! Even if the President is absolutely right, he’s wrong.

In principal going above the heads of elected representatives is bad medicine.

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5 thoughts on “The Second Amendment and Obama’s Executive Orders

  1. philebersole

    Self-defense is a fundamental human right. Some might argue the most fundamental of all human rights. During all periods of history, in many different cultures, the mark of an enslaved or subjugated person is that (1) the person may not testify in court and (2) the person may not own weapons. In other words, they are outside the protection of the laws and barred from protecting themselves.

    That said, I don’t have any principled objection to laws that would improve gun safety. But I am unable to imagine new laws or regulations that would both (1) be consistent with the Second Amendment to the Constitution and (2) make any real difference in reducing firearm deaths.

    I completely agree with you about the executive branch usurping the prerogative of the legislative branch.

    Reply
  2. philebersole

    When I was growing up, there was a saying, “Don’t hollar before you’re hit.” Now the President Obama has issued his executive orders, I don’t see anything that goes beyond his legal authority.

    http://nation.foxnews.com/gun-control/2013/01/16/obamas-23-executive-actions-guns

    Read and judge for yourself. I don’t see that they’ll do much harm or much good. They like “security theater”—actions to make people feel safe rather than be safe.

    Reply
    1. Atticus Post author

      I have a post coming soon where I run through each of these. And yes, if precedence means anything seems like almost anything is within his legal authority.

      Reply
    2. Holden

      I would argue these executive orders aren’t about guns at all, but instead about giving the healthcare industry an open invitation to peddle drugs to our children.

      The orders start pressing for having mental health screening in our schools to identify mental health issues before they become a threat to society.

      Translation—- teachers will start targeting kids they see as troubled or disgruntled…. a school psychiatrist will observe them and recommend they see another doctor, who will suggest we put little timmy who is only in the 4th grade on mood changing drugs.

      You guys are seriously ALL BEING DUPED! In the Morning!

      A Clip from PBS, coutresty of the No Agenda Show #480.
      [audio src="http://dropbox.curry.com/ShowNotesArchive/2013/01/NA-480-2013-01-20/Assets/War%20on%20Brains/PBS-Mental%20Health2.mp3" /]

      Reply

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