P@triot
Diamond Member
Well, simply put, the Framers wrote a constitution designed to protect individual liberties (including the right to keep and bear arms) and curtail the power of the federal government two years before the Bill of Rights was even drafted and four years before it went into effect. James Wilson, James Madison, Alexander Hamilton and others all explained at length why a bill of rights was unnecessary, and how the Constitution protected our rights even in the absence of such a bill:
For why declare that things shall not be done [as in a bill of rights] which there is no power to do? Why for instance, should it be said, that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed? (Alexander Hamilton, Federalist No. 84, emphasis added.)
In other words, the Constitution contains no provisions ceding to the federal government a person’s right to keep and bear arms; thus the federal government has no authority to infringe in this area. Additionally, again from Hamilton in Federalist No. 84,
There remains but one other view of this matter to conclude the point. The truth is, after all the declamation we have heard, that the constitution is itself in every rational sense, and to every useful purpose, A BILL OF RIGHTS [capital letters in original].
The Roots of the Second Amendment The Future of Freedom Foundation
For why declare that things shall not be done [as in a bill of rights] which there is no power to do? Why for instance, should it be said, that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed? (Alexander Hamilton, Federalist No. 84, emphasis added.)
In other words, the Constitution contains no provisions ceding to the federal government a person’s right to keep and bear arms; thus the federal government has no authority to infringe in this area. Additionally, again from Hamilton in Federalist No. 84,
There remains but one other view of this matter to conclude the point. The truth is, after all the declamation we have heard, that the constitution is itself in every rational sense, and to every useful purpose, A BILL OF RIGHTS [capital letters in original].
The Roots of the Second Amendment The Future of Freedom Foundation
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