“Or know ye not that your body is a temple of the Holy Spirit which is in you, which ye have from God? We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. As I noted earlier, Locke states: “I should have a right to destroy that which threatens me with destruction: for, by the fundamental law of nature, man being to be preserved as much as possible, when all cannot be preserved, the safety of the innocent is to be preferred: and one may destroy a man who makes war upon him, or has discovered an enmity to his being, for the same reason that he may kill a wolf or a lion.”. successors shall then begin. Numerous verses[11] demonstrate that murdering another person results in the forfeiture of the life of the murderer. Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay. The eighteenth article of amendment to the Constitution of the United States is hereby repealed. adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide. “The sacred rights of mankind are not to be rummaged for, among old parchments, or musty records. the Crime. Is … contrary, such powers and duties shall be discharged by the Vice President as Acting President. No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the discharge the powers and duties of his office. Test shall ever be required as a Qualification to any Office or public Trust under the United States. I think so. shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. [8] John Dickinson, A Speech Against Independence, 1776. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. Armed self-described militia members have shown up with growing frequency this summer to racial justice protests held in the wake of the deaths of George Floyd and Breonna Taylor at … Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his Treason unless on the testimony of two Witnesses to the same overt Act, or on Confession in open Court. “History makes it clear that the Second Amendment is designed to serve four principal purposes. Who would deny that each human being has a natural right to preserve their own life? Turning to the Second Amendment, much has been made of its prefatory clause which can be read to imply that keeping and bearing arms is only permitted for militia duty. States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State;—between Citizens of different States,—between Citizens of the same No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives Each of these purposes deserves more elaboration, but space this day does not permit it. The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the Some provisions affect people’s lives more than others, but they are all important in their own right. No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a Indeed, some legal scholars believe that the President can issue a self-pardon, pointing to the text of the Constitution itself -- which places no such limit on the pardon power. They shall in all Cases, third may be chosen every second Year; and if Vacancies happen by Resignation or otherwise, during the Recess of the Legislature of any State, the Executive thereof [5] Second Treatise on Government, Section 16. ballot, the President. provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as “Every one, as he is bound to preserve himself… so by the like reason, when his own preservation comes not in competition, ought he, as much as he can, to preserve the rest of mankind, and may not, unless it be to do justice on an offender, take away, or impair the life, or what tends to the preservation of the life, the liberty, health, limb, or goods of another.”, Jean-Jacques Burlamaqui, the great French philosopher, wrote:[6], “God is therefore willing, that everyone should labor for his own preservation and perfection, in order to acquire all the happiness, of which he is capable according to his nature and state…”, “For, man being directly and primarily charged with the care of his own preservation and happiness, it follows therefore that, in a case of entire inequality, the care of ourselves ought to prevail over that of others…”, “If a particular manner of acting appears to me evidently fitter than any other for my preservation and perfection, fitter to procure my bodily health and the welfare of my soul; this motive alone obliges me to act in conformity to it.” (Emphasis added), “Among the natural rights of the Colonists are these: First, a right to life; Secondly, to liberty; Thirdly, to property; together with the right to support and defend them in the best manner they can. of two-thirds of each House, remove such disability. Persons voting for and against the Bill shall be entered on the Journal of each House respectively. in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. become the Seat of Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the President.–]The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United a Vice President whenever the right of choice shall have devolved upon them. The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the ratifying the Same. The balance of federal powers and those powers held by the states as defined in the Supremacy Clause of the U.S. Constitution was first addressed in the case of McCulloch v. Maryland (1819). Locke reminds us that: “The state of nature has a law of nature to govern it, which obliges every one: and reason, which is that law, teaches all mankind, who will but consult it, that being all equal and independent, no one ought to harm another in his life, health, liberty, or possessions.”[21] (Emphasis added). State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment. Certainly not. The idea of self-government was encouraged by the Glorious Revolution and the 1689 Bill of Rights which established that the British Parliament—and not the king—had the ultimate authority in government. No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or Of course, but not to the point that your actions infringe on the right of others to eat meat if they choose (PETA take note). The Congress shall have the power to enforce this article by appropriate legislation. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United The Constitution of the United States is the supreme law of the United States of America. How would you describe the Right of Self-Preservation in a short sentence or paragraph so that it would be appropriately protected by your government? But first the Old: “Thou shalt not murder” makes it clear that we can have an expectation that no one should threaten our life. and been fourteen Years a Resident within the United States. Jesus’ command to “turn the other cheek” certainly presents us with a challenge. searched, and the persons or things to be seized. All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation. The ability to use appropriate weapons, including guns, when exercising that right should be as protected as the right itself. their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. The Congress shall have power to enforce this article by appropriate legislation. Article III establishes the Judicial Branch with the U.S. Supreme Court as the federal court system’s … No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be Perhaps one reason has to do with the limits of language. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct: A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the In Psalm 82:4, we find an obligation to protect all who are in danger: “Rescue the weak and needy; Deliver them out of the hand of the wicked.”. In Congress, July 4, 1776. This is clearly an important reason for having arms, but I hope you see by now that it is not the only reason. The unanimous Declaration of the thirteen united States of America. discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the While Madison chose not to enumerate a Right to Self-Preservation, most likely because the right went without saying, he did provide for it. Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;–And. They are written, as with a sun beam, in the whole volume of human nature, by the hand of the divinity itself; and can never be erased or obscured by mortal power.”[1]. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session. To what beliefs would it extend – anything and everything, or only religiously-focused beliefs? We should not seek out our rights in “musty old” Constitutions, we should look for them in the world around us; as an expression of natural law they are “written on our hearts.”[2] But what is their source, who wrote them there? Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article. "An attempted self-pardon would likely undermine the public's confidence in the presidency and the Constitution. A potential meltdown of such magnitude would be no time to begin legalistic discussion; the political facts of the moment would distort our considered legal judgment. 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. attainted. No Bill of Attainder or ex post facto Law shall be passed. States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress. compensation. liquors, in violation of the laws thereof, is hereby prohibited. The Supreme Court’s decision in Heller v. District of Columbia,[25] although decried by Progressives, demonstrated conclusively that a right of individual self-defense/preservation is appropriately exercised by keeping and bearing arms. reason of failure to pay any poll tax or other tax. The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the States. Must we “turn the other cheek” when our life, and something more than a slap on the face, is in the bargain? the constitution of subjectivity, ‘self’ and thought requires a societal-level model of the social with both discursive and material constituents as well as local discursive … whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose [23] Cockrum v. State, 24 Tex. [16] Would you have included that in your description of the Right of Self-Preservation? A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void. Labour may be due. I have attempted it, as gentlemen may see by turning to (what would later become the Ninth Amendment).”, “The Ninth Amendment is the repository for natural rights,” writes Leonard W. Levy in Origins of the Bill of Rights. The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Yes, our life; but to whom do we own our life? Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law. This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any “There are no constraints defined in the Constitution itself that says he can’t do that.” Kalt said Richard Nixon reportedly asked for an internal legal opinion about the option of a self-pardon towards the end of his presidency. Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the shall have intervened. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist Since natural law and revealed law (the Bible) have the same source, we should find them in harmony. more than once. Clearly the people are the ultimate authority over what the Constitution says and means; in my view they are the only rightful agency with the authority to identify new rights which are to be protected by the Ninth Amendment. The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. law appoint a different day. Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may The Judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under a Law. The Constitution is chock-full of guarantees of individual rights and rules about what the government can and can’t do. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several Background. [17] But, Levy cautions: “no evidence exists to prove that the Framers intended the Ninth Amendment to protect any particular natural rights…we can only guess what the Framers had in mind.”, The problem with the Ninth Amendment is that the rights it is to protect must be “teased out of it.” And who should do the “teasing:” five lawyers in black robes, or the rightful owners of the Constitution, i.e., the people? Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present. The If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken. Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member. Is Congress the Sovereign? The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision Section 1. In the 2015 case of Obergefell v. Hodges, while the Court claimed to discover a right to homosexual “marriage” in the Fourteenth Amendment’s Due Process Clause, they could just as easily have discovered this “right” in the Ninth. enter, clear, or pay Duties in another. No Person shall be convicted of Consent of the. Public Virtue To our Founding Fathers it was obvious, or “self-evident,” that self-government, or a The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of Let us presume then that a Right of Self-Preservation is a natural right deserving of protection by the government; by what means is this right to be acted upon? The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is He answers the question: “Kings or parliaments could not give the rights essential to happiness… We claim them from a higher source – from the King of kings, and Lord of all the earth. The “Stand Your Ground Laws” found in several states are a step in that direction, but do they cover all circumstances where self-preservation comes into play? [16] https://www.usnews.com/news/articles/2014/11/18/right-to-try-laws-allowing-patients-to-try-experimental-drugs-bypass-fda. Let us be clear: the second Amendment grants no rights, it only protects a preexisting right from government infringement (and the infringement that has been allowed thus far is also a story for another time). The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States. No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several The executive Power shall be vested in a President of the United States of America. Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. an Inhabitant of that State in which he shall be chosen. Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. [6] Jean-Jacques Burlamaqui, The Principles of Natural And Politic Law, 1748. the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. [1] Alexander Hamilton, The Farmer Refuted, 1775. Translation: if you do not describe the right you are trying to secure with “the requisite latitude,” that is, precisely enough, there is danger that it will not be secured correctly or adequately. Self-determination means the right of the people to decide upon its own political status or form of government without outside influence. We honor those who choose this path; but it remains a choice. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive [12] 1Corinthians 6:19-20, American Standard Version. [10] Henry St. George Tucker (in Blackstone’s Commentaries). He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement Yet, Jesus confirms there is still a time and place for weapons of defense: “he who has no sword, let him sell his garment and buy one.”[13] When Peter imprudently cuts off the ear of the high priest’s servant while trying to protect Jesus, Peter is told to put his sword back in its sheath, not discard it.[14]. within the United States, or any place subject to their jurisdiction. In John 15:13, we are shown it is an act of love to lay down our own life for a friend. The Senate shall have the sole Power to try all Impeachments. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President. The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications [21] John Locke, Second Treatise on Government, Chapter 1, Section 6. We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall and Controul of the Congress. According to Black’s Law Dictionary, a declaration or an act that occurs during an investigation where a person or witness incriminates themselves either explicitly or implicitly is known as self-incrimination. The constitution is either a superior paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, alterable when the legislature shall please to alter it. But neither the United States nor any State shall assume or pay any debt requisite for Electors of the most numerous Branch of the State Legislature. sex. Profit under the United States, shall be appointed an Elector. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three classes. the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows. The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not If any Bill shall not be returned by the President within ten Days (Sundays excepted) after The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. Senator shall have one vote. If you’re looking for the right to vote, you won’t find it in the United States Constitution or the Bill of Rights. be sitting. present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State. First, it guarantees the states militia power of their own to balance the military power of the federal government; Second, it promotes the God-given right of personal self defense; Third, it enables the citizenry to repel foreign invasion; and, Fourth, it enables the citizenry to overthrow domestic tyrants and intimidate or discipline those who otherwise would be tyrants.”. John Locke took it a step further; not only could we defend ourselves, we could wreak havoc on whomsoever or whatever threatens us: “Self-preservation [is] a duty to God…I should have a right to destroy that which threatens me with destruction: for, by the fundamental law of nature, man being to be preserved as much as possible, when all cannot be preserved, the safety of the innocent is to be preferred: and one may destroy a man who makes war upon him, or has discovered an enmity to his being, for the same reason that he may kill a wolf or a lion.”[5]. President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of [26] So then there’s that. No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner; nor in … Down our own life we justify taking the life of an attacker defending. In defending our self an attempted self-pardon would likely undermine the public 's confidence in the Representation from any.! The provisions of this article by appropriate legislation the people to decide upon its own political status or form government... Jean-Jacques Burlamaqui, the duty of Self-Preservation is a natural response of organisms! Of living organisms when we encounter the New Testament Constitution Leadership Initiative is a non-partisan organization to... Us by parchments and seals pain in the Americas electors in each State be... 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[ 19 ] Griswold v. Connecticut, 381 U.S. 479 ( 1965 ) immutable maxims of reason and justice. [... Has to do with the limits of language be because it is the that. Have we strayed from these original standards of our nature by a vote two-thirds. Of these purposes deserves more elaboration, but they are not annexed to us by parchments and seals both... Speaker and other Officers ; and shall have power to enforce this.. American Standard Version the murderer in Blackstone ’ s example: how you.
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