By Harold Pease, Ph.D.

Since gun control legislation has stymied in Congress, Democrats for it and the Republicans against, the Biden Harris Administration has opted once again to legislate by executive order. Biden has governed, bypassing Congress, with 39 executive orders in almost three months. In a April 7, 2021 news conference he revealed his plans to do the same on gun control.

This is not new. The Obama-Biden Administration did the same thing over immigration by creating the DACA program by executive order because Congress would not give them authority to extend citizenship to past illegal entry foreigners. They justified defying Congress and the Constitution then with, “We can’t wait for Congress.”

This was a serious, even impeachable, breach of the separation of powers doctrine deeply imbedded in the Constitution as is Biden’s executive action that the Justice Department, an unelected body, propose new rules on gun control. Because one president defies the Constitution, and is unpunished, does not give authority for others to do the same. Constitutionally only the legislative branch can make law (rules). Why is this so dangerous? Past practice, once done, is the “go to” position, to maximize authority not actually in the Constitution or, in the 2nd Amendment case is opposite to it, and is the favored option for those wishing to destroy it. Constitutional perversion invites more constitutional perversion.

But at issue is a far greater violation of the Constitution than separation of powers. The 2nd Amendment specifically forbids either the executive, by presidential decree, or legislative, by congressional statute, branches from ANY alterations of the Amendment. It reads in part, “the right of the people to keep and bear Arms, shall not be infringed.” Period!! It is the most definitive sentence in the Constitution. Although not yet exercised, this also is an impeachable offense. Neither Congress nor the President can remove or alter the peoples’ right to defend themselves without an Article V new amendment to the Constitution.

The first half of the Second Amendment tells us why no branch of the federal government can alter or remove the right of the people to keep and bear arms: “A well regulated militia being necessary to the security of a free state.” The militia was the people and it was understood that the government was always the lead threat to a free state. “I ask, Sir, what is the militia? It is the whole people. To disarm the people is the best and most effectual way to enslave them” (George Mason co-author of the Second Amendment. See also Elliot, Vol. 3, June 16, 1788). The militia was defined in the Second Continental Congress as every able bodied male 17 years of age and older—the citizens.

The Bill of Rights was numbered in order of preference with the exception of Amendments 9 and 10 as they dealt with the powers retained by the people and those reserved to the states, not specific freedoms as are Amendments 1-8. Amendment 2 is important because it protects these amendments. It is well to remember that the 2nd Amendment exists because the states would not support the new Constitution without a guarantee that the government could never deprive its citizens of their right to bear arms—to resist as they had the British. The language was as strong as they could make it and aimed (pun intended) specifically at government. It preserved their right of revolution should their other freedoms be taken. What is it Mr. Biden that you do not understand about “shall not be infringed?”

Congress may not legislate the 2nd Amendment away by authorizing some types of weapons over others, or approving some types of ammunition and denying others. Nor may the President go into the Oval Office and unilaterally make an executive order limiting or denying these things. We must never forget the federal government’s 11-day siege of Randy Weaver’s mountain home near Ruby Ridge, Idaho (view photo above) over Weaver’s sale of two sawed off shotguns. It ended August 31, 1992 with multiple deaths including his boy and dog and a sniper bullet took out his wife Vicki holding their baby in her arms in the doorway. A “friendly” reminder of then federal enforcement of unconstitutional alterations to the 2nd Amendment.

One might argue we now want federal involvement. If so, why not do it as required by the Constitution? Don’t just twist the Constitution to mean something never meant. George Washington warned: “Let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed” (Farewell Address).

Instructions for change in the Constitution are provided in Article V and can be proposed by either Congress or “on the application of the legislatures of two thirds of several states.” Notice that the president was not allowed to propose. Once proposed the federal government is removed from the picture altogether—it cannot empower itself. The states are given two ways in which they can pass their power to the federal government (remember, all power not listed in the Constitution belongs to the states and the people as per Amendment 10) but. either way, it requires 3/4th of the states to do so. Let Congress or the states initiate a proposed amendment to empower the federal government as we have 17 times before when the nation wanted a change.

The federal government, especially the president, does not like Article V because it requires permission from the states to enlarge federal jurisdiction. That is precisely why this Article exists; still, it remains the proper and only constitutional way to change the 2nd Amendment of the Constitution and anyone trying to do it in any other way should be removed from power as quickly as the Constitution allows The biggest fatality in this gun debate is irreparable damage to the Constitution, and thus to freedom.

Dr. Harold Pease is a syndicated columnist and an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He taught history and political science from this perspective for over 30 years at Taft College. Newspapers have permission to publish this column. To read more of his weekly articles, please visit www.LibertyUnderFire.org.