The United States was founded on certain principles. We’ve heard them countless times. Life, liberty, and the pursuit of happiness. It was a dream of the founders of this country that would live on more than 200 years after they first fought the British over the principles they felt were nonnegotiable.
The British control of her wayward colonies was erased in just 7 years. Seven years of bloodshed and anger, but in the end, came peace and a brand new, free nation.
That nation prospered by keeping the principles of those founding men and women as a finality, a stopping point. Since that time, those principles, held in such reverence, were the law of the land. Countless soldiers, patriots, and government officials dedicated their lives to hold those principles as absolute.
To ensure the safety of those principles, laws were adopted to protect them. Those laws were called the “Bill of Rights.” They addressed the issues deemed most important to creating a nation in which life, liberty, and the pursuit of happiness were more than just words on a piece of paper. Those rights were meant to be a direct support system.
Among the topics covered were the freedom of religion, freedom of the press, and the right to bear arms. All were deemed necessary to maintain our freedom, once it was earned. Although most Americans are well aware of the first and second amendments, one of the most overlooked, yet one of the most important amendments, is the ninth:
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
This was added on December 15th, 1791, and was meant to strengthen the rights of the American people. Put simply, it says that rights not listed in the Bill of Rights are not to be dismissed.
In other words, the rights offered as guidelines in the document were not whole or meant to be construed as the only rights to which Americans were entitled. Certain state rights, although not listed in the Constitution or Bill of Rights, could not be dismissed simply because of their omission on the federal level.
When Joe Biden declares, for instance, that no amendment is absolute, he is absolutely wrong. Those amendments were written to be absolutes. Joe Biden was elected as President of the United States of America to, in part, insure that they remain absolutes.
According to the second amendment, the right to keep and bear arms was Constitutionally protected and “Shall not be infringed.” That’s as absolute as can be communicated. According to the ninth amendment, the existing laws regarding the right to keep and bear arms are state matters. The federal government has no jurisdiction to “Deny or disparage” them.
The tenth amendment strengthens this position. In the second amendment, it was stated that the right to keep and bear arms was not within the power of the government to regulate. The tenth, states that any power not delegated to the federal government is instead left to the individual states or the people. This once again solidifies the fact that the federal government has no jurisdiction over gun rights.
It follows that, despite Biden’s attempts at using Executive Orders to impact the sales, accessories, or background checks in regards to firearms, this overreaching legislation is unconstitutional. Those state rights cannot be altered by the government according to the ninth amendment, regardless of which path he takes to create such laws.
Chief Justice John Marshall set a precedent in 1810 when he declared that “Any law repugnant to the Constitution is void.” Stated simply, that means any law that goes against the principles laid out in the Constitution was illegal. Given the clarity expressed in the second, ninth, and tenth amendments, President Biden is issuing laws by Executive Order that are plainly repugnant to the Constitution.
This sort of government overreach is exactly what the founding fathers were intent on avoiding when building this nation. President Biden’s circumvention of the Constitution through the violation of several amendments comes very close to treason. At best, his Executive Orders, and any other restrictions imposed on gun control by the federal government, are unconstitutional. At worst, it amounts to grounds for impeachment.