Wednesday, February 13, 2013

Fetuses, Women, Guns, Corporations and the Constitution

I find it interesting that first fetuses, then corporations and now guns have more rights than a grown woman.

Constitutionally, fetuses have no rights because they are not born:

1:  All persons BORN or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.  No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. (14th Amendment Section 1)

The same is true of corporations. They are not persons born or naturalized. Women, however, are clearly fully autonomous human beings and if they are born or naturalized they are citizens of the United States, with all the rights that brings.

Guns are another issue. The second amendment reads:

"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."

In order to rightly interpret this amendment one must look at the entire context of the word "militia" in the Constitution. Every where it appears, "militia" refers to an established, government regulated civilian force. The closest equivalent we have would be the National Guard, NOT the anti-government para-military variety found across the country.

Article 1  Section 8:
  (The duties of Congress)
15:  To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;16:  To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

Clearly, the militias referred to in the second amendment are these, the ones established and regulated by Congress. The right to bear arms, then, belongs to those who are members of the regular militias.

The framers of the Constitution clearly never intended for fetuses to have rights  that supersede their mothers, nor every one to run around with semi-automatic weapons or for corporations to be people. The Constitution was based on something rare these days: common sense. It is based on the premise that fully autonomous human beings born in the United States or naturalized are citizens with all the rights and privileges therein. It is also based upon the premise that militias are formed and regulated by Congress.  It would promote anarchy if it was set up any other way. Indeed, that is precisely where we are headed if rule of law is not applied to the ownership of guns and they are not fully regulated by Congress. To the NRA I would say, "Get over it! Guns are not God, guns do not supplant the right to the life and liberty of fully autonomous human beings " 

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