
A major constitutional crisis is coming to a head. A potential ruling by the U.S. Supreme Court will determine two fundamental issues: 1) do the constitution’s words mean what they say, and 2) does the U.S. Supreme Court have the authority to nullify an amendment to the Constitution, a document all nine justices swore an oath to uphold?
The National Rifle Association is requesting that the U.S. Supreme Court settle, finally, the constitutionality of an individual’s “right to bear arms.” Since the high court’s decision in District of Columbia vs. Heller, which struck down a strict Washington, D.C. gun ordinance, many Second Amendment advocacy groups have challenged the constitutionality of state, county and municipal gun restrictions similar to the one no longer valid in the nation’s capitol. More liberal-leaning justices in the lower courts have rendered mixed decisions on local gun ordinances in spite of the Supreme Court’s clear landmark Heller ruling. The battle between the deconstructions and the strict constructionists is about to begin. The outcome will change American forever.
The strict constructionists believe the words of the Constitution are clear and easy to understand. The simplicity of its words limits the power of government by their narrow definition. In short, there is no wiggle room. To change the Constitution’s meaning requires two-thirds vote of Congress and fifty U.S. state legislature. It actually says so in the very document itself.
The deconstructionist believes we have a “living Constitution.” In effect, that they can redefine the meaning of its words as the times and styles change. Buried deep within the document’s words are Penumbras and Emanations to guide these justices in there rulings. There is no need for Congress or the fifty state legislatures to amend the Constitution; deconstructionists on the court are a perpetual Constitutional Convention. In short, since the Constitution has no real meaning, its meaning is limited only by their imaginations.
Nowhere are these two schools of thought better displayed than in the Heller decision. The deconstructionist dissenting opinion (by Justice John Paul Stevens) states:
“The view of the [Second] Amendment…that it protects the right to keep and bear arms for certain military purposes, but that it does not curtail the Legislature’s power to regulate the non military use and ownership of weapons — is both the most natural reading of the Amendment’s text and the interpretation most faithful to the history of its adoption.”

Justice Antonin Scalia’s majority opinion took a novel approach. Instead of defending the Second Amendment with legal or philosophical arguments, he used a dictionary — Samuel Johnson’s dictionary of 1773 to be precise.
“a) “Right of the People.” The first salient feature of the operative clause is that it codifies a “right of the people.” The unamended Constitution and the Bill of Rights use the phrase “right of the people” two other times, in the First Amendment’s Assembly-and-Petition Clause and in the Fourth Amendment’s Search-and-Seizure Clause. The Ninth Amendment uses very similar terminology (“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people”). All three of these instances unambiguously refer to individual rights, not “collective” rights, or rights that may be exercised only through participation in some corporate body.”
“b) “Keep and bear Arms.” We move now from the holder of the right — “the people”— to the substance of the right: “to keep and bear Arms.”
Before addressing the verbs “keep” and “bear,” we interpret their object: “Arms.” The 18th-century meaning is no different from the meaning today. The 1773 edition of Samuel Johnson’s dictionary defined “arms” as “weapons of offence, or armour of defence.” 1 Dictionary of the English Language 107 (4th ed.) (herein after Johnson). Timothy Cunningham’s important 1771 legal dictionary defined “arms” as “any thing that a man wears for his defence, or takes into his hands, or useth in wrath to cast at or strike another.”
Scalia’s brilliant tactic was to defend the literal letters in the law so as to defend the letter of the law. It was enough to convince the doddering swing vote on the high court, Justice Anthony Kennedy, to sign on to what became a 5-4 decision.
Now the trick will be to convince sleepy Justice Kennedy that the same grammatical principles applied in Heller should sweep away all the other attempts by lower court deconstructionists to destroy the Second Amendment. I hope Scalia has his dictionary handy.