Friday, February 22, 2008

Montana Sec. of State Declares the 2nd Amendment is a Contract with the States

In an interesting development regarding the pending U.S. Supreme Court Case of DC v. Heller, the Secretary of State of Montana has effectively threatened succession if the court sides with the District of Columbia in declaring the 2nd Amendment to be only a collective rather than an individual right:

Montana Secretary of State Brad Johnson declares, "urged the Supreme Court to uphold an individual rights interpretation of the Second Amendment, rather than a collective interpretation, as best in keeping with Montana’s Compact with the United States."

This isn't a conspiracy or exaggeration--the statement is found on the Montana SOS's home page.

Here's the complete text of the letter:

Second Amendment as individual right:

"The U.S. Supreme Court will soon decide D.C. v. Heller, the first case in more than 60 years in which the court will confront the meaning of the Second Amendment to the U.S. Constitution. Although Heller is about the constitutionality of the D.C. handgun ban, the court's decision will have an impact far beyond the District ("Promises breached," Op-Ed, Thursday).

The court must decide in Heller whether the Second Amendment secures a right for individuals to keep and bear arms or merely grants states the power to arm their militias, the National Guard. This latter view is called the "collective rights" theory.

A collective rights decision by the court would violate the contract by which Montana entered into statehood, called the Compact With the United States and archived at Article I of the Montana Constitution. When Montana and the United States entered into this bilateral contract in 1889, the U.S. approved the right to bear arms in the Montana Constitution, guaranteeing the right of "any person" to bear arms, clearly an individual right.

There was no assertion in 1889 that the Second Amendment was susceptible to a collective rights interpretation, and the parties to the contract understood the Second Amendment to be consistent with the declared Montana constitutional right of "any person" to bear arms.

As a bedrock principle of law, a contract must be honored so as to give effect to the intent of the contracting parties. A collective rights decision by the court in Heller would invoke an era of unilaterally revisable contracts by violating the statehood contract between the United States and Montana, and many other states.

Numerous Montana lawmakers have concurred in a resolution raising this contract-violation issue. It's posted at The United States would do well to keep its contractual promise to the states that the Second Amendment secures an individual right now as it did upon execution of the statehood contract.

Montana secretary of state
Helena, Mont."

Once more it is worth noting that the Democratic Party of Oregon has already declared that the 2nd Amendment is an INDIVIDUAL right.

Stay tuned and get your passport ready for that trip to Glacier Park.


Anonymous said...

God save the good Americans in Montana and their rights to bear arms .
They are already lost here in California with all our goodie two-shoe and split tongue politicios who are too fearful to stand up for the constitutional rights our nations revolutionary fighting men and women died for. Shame on them.

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