Constitutional Right to Overcompensate

Republicans who label themselves as “constitutionalists” really only cling to one of the 27 (ratified) constitutional amendments. Of course, that is the second, the right to bear arms.

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.

Now, this was written at a time when the most capable rifle available could only fire three shots in a minute if the shooter was really good at re-loading. Today’s standard AR-15 can fire 45 shots in a minute.

In Federalist No. 46, an essay by Founding Father James Madison in 1788, he examines the relative strength of the state and federal governments under the proposed, at that time, United States Constitution (which came into effect the next year). Madison is considered the father of the United States Constitution as he was its main framer. He was also a slave owner and as president, added 23 million acres to the United States he stole from Native Americans.

In his essay, he speculated how a federal army could be kept in check by state militias, “a standing army … would be opposed [by] a militia.” He argued a state militia “would be able to repel the danger” of a federal army, “It may well be doubted, whether a militia thus circumstanced could ever be conquered by such a proportion of regular troops.” He contrasted the federal government of the United States to the European kingdoms, which he described as “afraid to trust the people with arms”, and assured that “the existence of subordinate governments … forms a barrier against the enterprises of ambition”.

Madison wasn’t talking about individuals owning guns as much as he was talking about state militias. Not only are today’s gun humpers ignoring the “well regulated” wording, but also “being necessary to the security of a free state.”

The Constitution says “state,” not your bunker. Basically what it had in mind was the National Guard, which every state has, in addition to three territories and the District of Colombia. Your state’s National Guard is your “well-regulated militia.”

In 1876, the Supreme Court wrote, “The right to bear arms is not granted by the Constitution; neither is it in any manner dependent upon that instrument for its existence. The Second Amendment means no more than that it shall not be infringed by Congress, and has no other effect than to restrict the powers of the National Government.”

In 1939, the Supreme Court wrote that the Second Amendment did not protect weapon types not having a “reasonable relationship to the preservation or efficiency of a well-regulated militia.” That means having 28 uzis in your Winnebago doesn’t have anything to do with your state’s National Guard.

After the passage of the National Firearms Act of 1934, the first gun control law in the United States, Karl Frederick, the president of the National Rifle Association, testified before Congress and said (you’re gonna love this, kids), “I have never believed in the general practice of carrying weapons. I seldom carry one. … I do not believe in the general promiscuous toting of guns. I think it should be sharply restricted and only under licenses.” Ha. The “general promiscuous of toting guns.” He had no idea what we were in for.

Four years later, the NRA supported a federal law requiring licensing for gun manufacturers, importers, distributors, and anyone else in the business of selling guns. They supported additional licensing laws in 1968.

What the fuck happened?

In the 1970s, the NRA became a strictly partisan organization, aligned itself with the Republican Party, started purchasing politicians in bulk, and reformed itself into a gun-worshiping cult.

In order to become a gun-humping cult, they had to stop reading the Second Amendment as it’s written and start interpreting it in a manner that supported their evil goals.

Now, according to the NRA, the “right to bear arms” means fucknuts have the right to own any weapon in existence. “Well regulated” is omitted from all gun discussions and debates as the word “regulate” is in total opposition to their agenda, despite the fact they’re literally basing their entire argument on the sentence it’s in.

“Well-regulated” is really important to the Second Amendment. If it wasn’t, it wouldn’t be in there. Yet, these gun fetishists ignore it entirely.

They don’t even comprehend “being necessary to the security of a free state.” You would have better luck reading the ingredients of your toothpaste to your dog.

The Second Amendment does NOT give a constitutional right to specific guns. The Supreme Court issued a ruling on that years ago before presidents and senators owned by the NRA put justices on the Supreme Court.

Anyone who can comprehend can read the Second Amendment and tell you it does NOT give you the right to own a weapon that can fire 45 rounds in a minute. It also doesn’t say anything about the right to own an assault rifle to overcompensate for your tiny Republican penis.

Music note: I listened to Kool and the Gang, the Dandy Warhols, Def Leppard, and Deep Blue Something while making today’s cartoon. Yeah, I was kinda all over the place.

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  1. My understanding of the 2nd Amendment is because the colonist had weapons nd the ol’ king was getting a lot nervous of a rebellion against him so he tried to forbid them. The colonist didn’t want any government to take away their toys. Fast forward to today, no one is invading the US nd the taxes you are paying gives you a huge national nd local armies nd a big police force so in GOD’S NAME WHY IS NUMBNUTS with MENTAL HEALTH ISSUES allowed to run around with ASSAULT RIFLES !!


  2. spot on, Clay. i think you missed this: Apr 16 2021 (CNN) America’s latest barrage of mass shootings, including the murder of eight people in Indianapolis Thursday night, has renewed attention on the constitutional contours of firearms regulation and the Supreme Court’s 2008 decision in District of Columbia v. Heller.

    In that 5-4 milestone authored by the late Justice Antonin Scalia, the high court for the first time ruled that the Second Amendment’s “right to bear arms” protects an individual right, rather than one related to organized state militia as had been the legal understanding for decades.

    Yet while Scalia established new precedent, drawing sharp dissents that he had misread history, the opinion came with caveats relevant to today’s gun control debate. .


  3. Reblogged this on It Is What It Is and commented:
    WORD!! … and more!! … “Anyone who can comprehend can read the Second Amendment and tell you it does NOT give you the right to own a weapon that can fire 45 rounds in a minute. It also doesn’t say anything about the right to own an assault rifle to overcompensate for your tiny Republican penis.”


  4. Good mini history of gun law. Even in the most serious post you can write something that conjures up an image that makes me laugh. Today’s was

    “started purchasing politicians in bulk”

    I envisioned a Costco with a big container of politicians being forklifted into the capitol building.
    Anyway, keep up the good work and again, congratulations on your award.


  5. I am thinking that the people who want little or no oversight on the mental status of gun owners/purchasers would themselves NOT be able to pass even a mildly intrusive mental health exam.

    These are folks (mostly men…) who live violence, love it, “game ” it, practice it (on women, children, animals), who have most probably suffered violence (from their own family, schoolmates, or been enrolled in military service, which has violence as its very core…).

    The nation would have to maintain very large secure camps, with thousands of counselors, psychiatrists, etc. until they can be cured of their “violence addiction,” and be suitably rehabbed enough to re-enter civil society. Don’t believe me? Read the history of the US, read the news daily.

    If I was one of those gun owners, or NRA members, or police, or military, or politicians who “feared for our liberty” I would be LEGITIMATELY fearful I would be put in a camp, because I know I would “qualify.”

    We are a very sick nation…but still, I say “lock them up!”


  6. “Republicans who label themselves as “constitutionalists” really only cling to one of the 27 (ratified) constitutional amendments. Of course, that is the second, the right to bear arms.”

    Uh, no, pretty much the entire Bill of Rights has been heavily used by conservatives. Freedom of speech, freedom of religion, freedom from unreasonable search and seizure, freedom of the press, etc. are ALL well-regarded by conservative constitutionalists.

    You excel at libel, tho.


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