The US Constitution Second Amendment Analyzed

The US Constitution Second Amendment Analyzed

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One particular addition to the United States Constitution  is the second amendment.  It reads as follows:

“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.”

There appears to be the popular meaning, the intent and call to action, that appears at the surface for reading those words.  Then there is a deeper dig into the understanding of the meaning as the words have vastly changed in today’s political environment.

Let us first dissect this amendment by breaking it up into segments if we can.  You will soon discover that there was an original meaning, why this amendment was included to the Constitution and then over time circumstances have vastly changed making this amendment a problem resulting in death towards thousands of citizens.

  • “A well regulated Militia”.   What is meant by militia?

    “The militia of the United States, as defined by the U.S. Congress, has changed over time.[1] During colonial America, all able-bodied men of a certain age range were members of the militia, depending on the respective state’s rule.[2] Individual towns formed local independent militias for their own defense.[3] The year before the US Constitution was ratified, The Federalist Papers detailed the founders‘ paramount vision of the militia in 1787.[4][5] The new Constitution empowered Congress to “organize, arm, and discipline” this national military force, leaving significant control in the hands of each state government.”  https://en.wikipedia.org/wiki/Militia_(United_States)

  • “necessary to the security”.  Security from what?  We understand later in the sentence that our country highly values that our form of government is free and stays his way.
  • “a free State”.  What constitutes a free state?  You should answer this question.
  • “right of the people”.  This part of the amendment seem to move toward a second part of the amendment and somewhat separate idea.  The wording  implies individual citizens and not people within the military have the right to bear arms.  Military naturally have the right to have weapons to guard the country from foreign forces.  Individuals normally are not allowed to possess weapons unless authorized for purposes of policing.
  • “keep and bear Arms”.   This part of the amendment holds the most dire meaning.  All of a sudden, every citizen of the country is allowed to possess a weapon.  But, it was stated in the prior part of the amendment that the weapon could ONLY be used to overturn some awful national government.  Who decides when such action against the government should take place and when?
  • “shall not be infringed”. This means that this is an absolute right, of every citizen, to have weapons but only for the purpose of woking toward removing a tyrannical federal government.

What is rather odd is realizing this amendment raised the  possibility that the United States might be ruled by some dictator.  That would come about if the citizens of this county really got the voting process wrong or the plutocracy group of individuals was able to do a snow job on the election process (The Republican Party is now doing this with their Jim Crow efforts to disqualify minority voters and Democratic district voters.)

Looking at the second amendment wording one could easily think that there are two separate commands and segments:

#1:  “A well regulated Militia, being necessary to the security of a free State”.    This may mean to form a military force to help protect the country.  Note that this part of the amendment points to a specific group of people called the Militia.

#2:  “the right of the people to keep and bear Arms, shall not be infringed.”  This statement obviously means that every citizen has the right to have weapons.  But it is stated that the citizens having weapons must only use them for protecting the county from a “tyrannical federal government”.  Note that this part of the amendment points to the rights of individuals.  But that this right can only be used to overturn an authoritarian government.  Note that this part of the amendment warn of a future danger for the United States because it would only take an unknown number of individuals that think the county is under control of some awful government to use that rational to attack our government and this country.  We have already seen how a group of misinformed, if not stupid, individuals invaded Congress, January 6, 2021, after being lied to by a national leader. 

So why was this amendment written?

“ the amendment was originally created to give citizens the opportunity to fight back against a tyrannical federal government.”

Note that the intent for this amendment was for citizens to possess weapons to act against a really bad government. Weapons, as defined in this amendment, are not to be used against any citizen or commit suicide.  But, so far, this amendment has resulted in, not acts against a tyrannical government, but against other citizens so guns can be sold for profit.  

This amendment seems to be unnecessary and dangerous when this country has a system of government where the citizens are expected to rule.

 

 

 

Posted:  March 25, 2021

Possible Reasons For The End Of Humane Civilization

Possible Reasons For The End Of Humane Civilization

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Following is a list of major important reasons and issues that are drawing down the curtain for human habitation on Earth.

There are two broad types of issues. The first is major but possibly will not end the humane civilization.  The second should be of supreme concern because if not solved or resolved the end of the humane race will more definitely result.

Here are side concerns that probably will work against solving these very important problems that I will list later:  

  • Ignorance of any factor may come about for any combination of reasons.
    • Blind side by failing to see what is coming as a threat to our existence.
    • Insufficient investigation efforts.
    • Unable to understand the measurements needed and what the tests results mean.
    • Status of experts is not understood or appreciated so they are not listened to.
    • Not listening to the scientists to any level that results in meaningful action.
  • Indolence.
    • Population of people that are affected may fail to meet the challenge to change their situation for the better.  There are a lot of reasons why individuals fail to realize they are in trouble and then take actions that resolve the issues.
      • Too busy with other concerns.
      • Not my business to deal with this problem.
      • Too complicated for me to understand.
  • Errors in judgement.
  • Political interference.  Almost all civil societies are organized around some sort of organized political system.  Some times these systems are flawed toward working for the best interests of the society they are expected to correctly function toward.
  • Personal and corporate wealth interests might prevail as being more important.  Many countries suffer from varying degrees of plutocracy or the rule of the rich.  Some wealthy individuals who have attained political power seem to hold short term financial gains as more important.  

Almost all of the end of civilization factors need long term attacks upon these negative influences so that a society can best work together to resolve the problem(s).  

Just about every one of these issues can be turned around but often times immediate needs of individuals deny resolving any of these items I am about to list.

First Category of attacks upon our civilization list (but might not terminate humane life but could). 

Note that some items on the list below could become so life threatening that they then also reach the second category.

  • Climate change (immediate concern)

“According to the paper, climate change poses a “near- to mid-term existential threat to human civilization,” and there’s a good chance society could collapse as soon as 2050 if serious mitigation actions aren’t taken in the next decade.”
https://www.livescience.com/65633-climate-change-dooms-humans-by-2050.html

  • Global nuclear annihilation (Following example shows how a small limited war has a colossal impact)

 “If India and Pakistan had a war, it would be a much larger potential for climate change.” The solutions to that cold equation: 50 to 125 million people dead in the first week. A reduction of as much as 35 percent in sunlight reaching Earth’s surface, translating to a decrease in temperature of up to 5 degrees Celsius, with rainfall decreasing between 15 and 30 percent globally … and the amount of food produced by an equal amount. That’s worldwide famine for a decade.”

https://www.wired.com/story/even-a-small-nuclear-war-could-trigger-a-global-apocalypse/

  • Biological warfare

“Any state with a reasonably advanced pharmaceutical and medical industry has the capability of mass producing biological weapons. This fact also leads to problems with determining what countries have BW programmes. Anything from a piece of fruit to a ballistic missile could be used to deliver a biological weapon to a target. Along with this is the fact that with certain organisms, only a few particles would be needed to start an infection that could potentially cause an epidemic.” 
https://www.reachingcriticalwill.org/resources/fact-sheets/critical-issues/4579-biological-weapons

  • Ecological collapse.

“One-fifth of the world’s countries are at risk of their ecosystems collapsing because of the destruction of wildlife and their habitats, according to an analysis by the insurance firm Swiss Re.”

“Natural “services” such as food, clean water and air, and flood protection have already been damaged by human activity.”
https://www.theguardian.com/environment/2020/oct/12/fifth-of-nations-at-risk-of-ecosystem-collapse-analysis-finds

  • Pandemic

“A pandemic is basically a global epidemic — an epidemic that spreads to more than one continent,”

“Influenza pandemics have struck about three times every century since the 1500s, or roughly every 10-50 years. There was one in 1957-1958 and one in 1968-1969. The most infamous pandemic flu of the 20th century, however, was that of 1918-1919. An estimated 40 million people died in less than a year, and what made it so different from seasonal flu epidemics is that it killed primarily young people, those aged 20-45.”

https://www.webmd.com/cold-and-flu/features/what-is-pandemic

Contamination of humane individual life supporting needs and resources is very important.  Humane beings need:  Good drinking water, good clean air to breath, healthy food, proper sanitation, adequate shelter, clothing, etc..

Second Category of attacks with results of terminating humane life – a list:

Global Warming

“Two centuries of fossil fuel combustion have saturated the biosphere with climate-altering carbon that will continue wreaking havoc for generations to come.  The damage to Earth’s living systems—the circulation and chemical composition of the atmosphere and the ocean; the stability of the hydrological and biogeochemical cycles; and the biodiversity of the entire planet—is essentially permanent.”
https://www.resilience.org/stories/2020-08-10/four-reasons-civilization-wont-decline-it-will-collapse/

PFAS Contamination

“There is evidence that exposure to PFAS can lead to adverse human health effects.”

https://www.epa.gov/pfas/basic-information-pfas

“A growing body of science has found that there are potential adverse health impacts associated with PFAS exposure, including liver damage, thyroid disease, decreased fertility, high cholesterol, obesity, hormone suppression and cancer.”

“These chemicals can easily migrate into the air, dust, food, soil and water. People can also be exposed to them through food packaging and industrial exposure.”
https://www.cnn.com/2019/02/14/health/what-are-pfas-chemicals

 

 

 

Posted March 22, 2021

Article of Impeachment Against Former President Donald John Trump Results

Article of Impeachment Against Former President Donald John Trump Results

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Opinion

U.S. Senate Minority Leader Mitch McConnell said in a speech on the Senate floor:

  • “There is no question that President Trump is practically and morally responsible for provoking the events of the day,”
  • “The people who stormed this building believed they were acting on the wishes and instructions of their president,” 

Americans should now vote to remove any senator, in future elections, that failed to vote to impeach Donald Trump.  Following are the Senate voting results.

Roll Call Vote 117th Congress – 1st Session

Vote Summary 

Question: Guilty or Not Guilty (Article of Impeachment Against Former President Donald John Trump )

Vote Number: 59

Vote Date: February 13, 2021, 03:39 PM

Required For Majority: 2/3

Vote Result: Not Guilty

Measure Number: H.Res. 24 (A resolution impeaching Donald John Trump, President of the United States, for high crimes and misdemeanors. )

Measure Title: A resolution impeaching Donald John Trump, President of the United States, for high crimes and misdemeanors.

Vote Counts:

  • Guilty. 57. Individuals who followed and understood the prosecution arguments and did what is best for the United States.
  • Not Guilty. 43. Gutless, maybe stupid, senators who abdicated their oath toward upholding the US constitution.

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NOT GUILTY —43

  • Barrasso (R-WY)
  • Blackburn (R-TN)
  • Blunt (R-MO)
  • Boozman (R-AR)
  • Braun (R-IN)
  • Capito (R-WV)
  • Cornyn (R-TX)
  • Cotton (R-AR)
  • Cramer (R-ND)
  • Crapo (R-ID)
  • Cruz (R-TX)
  • Daines (R-MT)
  • Ernst (R-IA)
  • Fischer (R-NE)
  • Graham (R-SC)
  • Grassley (R-IA)
  • Hagerty (R-TN)
  • Hawley (R-MO)
  • Hoeven (R-ND)
  • Hyde-Smith (R-MS)
  • Inhofe (R-OK)
  • Johnson (R-WI)
  • Kennedy (R-LA)
  • Lankford (R-OK)
  • Lee (R-UT)
  • Lummis (R-WY)
  • Marshall (R-KS)
  • McConnell (R-KY)
  • Moran (R-KS)
  • Paul (R-KY)
  • Portman (R-OH)
  • Risch (R-ID)
  • Rounds (R-SD)
  • Rubio (R-FL)
  • Scott (R-FL)
  • Scott (R-SC)
  • Shelby (R-AL)
  • Sullivan (R-AK)
  • Thune (R-SD)
  • Tillis (R-NC)
  • Tuberville (R-AL)
  • Wicker (R-MS)
  • Young (R-IN)

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Possible Results If Republicans Vote To Not Impeach.

Possible Results If Republicans Vote To Not Impeach.

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Opinion

The impeachment trial of Donald Trump overwhelmingly proved that the president planned, executed and commanded that his rabble troops invade congress on  January 6, 2021.  The trial process proved beyond any doubt that Donald Trump must be impeached.  The trial also proved beyond any question that US laws were violated by the president by performing a number of criminal acts.   People were injured and died as a direct result of the invasion upon the Capitol.  Jail time and financial payment should be the future for Donald Trump. To do otherwise is abandonment from the intent and creation of our founding fathers for this form of government.

Due to the vast number of alleged Republican Party’s negative factors, their numerous self centered, self serving, issues will stand in the way for voting to impeach the president and may ruin that party in the future and diminish the standing of our great country.  Here is a list of possible negative factors:

It seems that the Republican Party has failed their country with these possible results:

  • The democratic process may be seen as flawed by some.  This may result in a lack of loyalty to country and personal commitment to the future political process.
  • The USA may be now a county of growing hypocrisy when dealing with foreign countries.  The USA pretends to stand for democracy but the USA is actually a  plutocracy.
  • The USA may now be a county of falseness for some of the United States constituents.  This may lower feelings of patriotism and commitment to government.
  • The US constituents may view that the rich and powerful can game the system.  The US legal system and political system may be seen as partially corrupt.

If the GOP does vote to convict Donald Trump for treason, the Republican Party has a chance to heal and better bind the nation to improve the country.

 

 

 

Posted February 12, 2021

What Alleged District Of Columbia Crimes Could Donald Trump Be Charged With For Attack On Congress?

What Alleged District Of Columbia Crimes Could Donald Trump Be Charged With For Attack On Congress?

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Criminal Code of the District of Columbia

§ 22–1322. Rioting or inciting to riot.

(a) A riot in the District of Columbia is a public disturbance involving an assemblage of 5 or more persons which by tumultuous and violent conduct or the threat thereof creates grave danger of damage or injury to property or persons.

(b) Whoever willfully engages in a riot in the District of Columbia shall be punished by imprisonment for not more than 180 days or a fine of not more than the amount set forth in § 22-3571.01, or both.

(c) Whoever willfully incites or urges other persons to engage in a riot shall be punished by imprisonment for not more than 180 days or a fine of not more than the amount set forth in § 22-3571.01, or both.

(d) If in the course and as a result of a riot a person suffers serious bodily harm or there is property damage in excess of $5,000, every person who willfully incited or urged others to engage in the riot shall be punished by imprisonment for not more than 10 years or a fine of not more than the amount set forth in § 22-3571.01, or both.

Definition:

 

Note:  The blog writer is NOT a lawyer and has no legal training.  The above information should show meaning and not require any special training.

 

 

 

Posted: February 11, 2021

What Alleged Crimes Could Donald Trump Be Charged With For Attack On Congress?

What Alleged Crimes Could Donald Trump Be Charged With For Attack On Congress?

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What Alleged Crimes Could Donald Trump Be Charged With For Attack On Congress?

 

The Democratic presentation for the second impeachment of Donald Trump appeared so powerful that they seemed to prove, without any doubt, that allegedly Donald John Trump performed criminal acts.  According to existing law, Donald J. Trump could be facing fines and imprisonment for 10 to 20 years.

He allegedly organized and incited the attack upon the capitol of the United State and individuals.

Next is some possible legal reasons why President Trump’s alleged actions were a crime:

18 U.S. Code CHAPTER 115—TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES:

§ 2383 – Rebellion or insurrection

“Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.”

§ 2384 – Seditious conspiracy

If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.

§ 2385 – Advocating overthrow of Government

“Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or

Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or

Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof—

Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.

If two or more persons conspire to commit any offense named in this section, each shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.

As used in this section, the terms “organizes” and “organize”, with respect to any society, group, or assembly of persons, include the recruiting of new members, the forming of new units, and the regrouping or expansion of existing clubs, classes, and other units of such society, group, or assembly of persons.”

Source:  https://www.law.cornell.edu/uscode/text/18/2385

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42 U.S. Code §?1985. Conspiracy to interfere with civil rights

 

(1)Preventing officer from performing duties

If two or more persons in any State or Territory conspire to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof; or to induce by like means any officer of the United States to leave any State, district, or place, where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duties;

(2)Obstructing justice; intimidating party, witness, or juror

If two or more persons in any State or Territory conspire to deter, by force, intimidation, or threat, any party or witness in any court of the United States from attending such court, or from testifying to any matter pending therein, freely, fully, and truthfully, or to injure such party or witness in his person or property on account of his having so attended or testified, or to influence the verdict, presentment, or indictment of any grand or petit juror in any such court, or to injure such juror in his person or property on account of any verdict, presentment, or indictment lawfully assented to by him, or of his being or having been such juror; or if two or more persons conspire for the purpose of impeding, hindering, obstructing, or defeating, in any manner, the due course of justice in any State or Territory, with intent to deny to any citizen the equal protection of the laws, or to injure him or his property for lawfully enforcing, or attempting to enforce, the right of any person, or class of persons, to the equal protection of the laws;

(3)Depriving persons of rights or privileges

If two or more persons in any State or Territory conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; or for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws; or if two or more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified person as an elector for President or Vice President, or as a Member of Congress of the United States; or to injure any citizen in person or property on account of such support or advocacy; in any case of conspiracy set forth in this section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages occasioned by such injury or deprivation, against any one or more of the conspirators.

(R.S. §?1980.)
Source:  https://www.law.cornell.edu/uscode/text/42/1985
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Note:  Rep. Bennie G. Thompson (D-Miss.) has filed a lawsuit against President Donald Trump, attorney Rudolph W. Giuliani and two extremist groups IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, 02/16/21.  This lawsuit is represented by the NAACP and Cohen Milstein Sellers & Toll.  The lawsuit is using the 42 U.S. Code §?1985. Conspiracy to interfere with civil rights as basis for their lawsuit.
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Note:  The blog writer is NOT a lawyer and has no legal training.  The above information should show obvious meaning and not require any special training.

 

 

 

Posted: February 13, 2021
Added. 42 U.S. Code §?1985: because of new lawsuit.  February 16, 2021
Refined:  July 11, 2022