I've learned that the Constitution is the supreme law of the land but we can leave out the "Life, Liberty and the pursuit of happiness" thing only applies to 2nd amendment believers. The rest of us have to just grin and bear it, (no pun intended) so ya'll can exercise the right to have unlimited access to those firearms
and our right to go about our daily business without looking for exits and making plans of what to do if someone opens up doesn't mean as much.
Have a great weekend folks. Say "hi" to your friends and neighbors and remember. We live in the greatest country in the world,
Yes, the Constitution (along with the Declaration of Independence) is the supreme law of these United States. All laws must flow from within the confines of those supreme laws - meaning no "law" can be legal law if that "law" is not within the specific powers granted to the government.
"life, liberty, and the
pursuit of happiness" comes from the preamble of the Declaration of Independence - a means of specifying the purpose for the statements that follow (in that document).
In context....
"
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.--Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world."
The Constitution is the result of the "consent of the governed" - whereas the governed [the people] granted government specific, limited, powers, and only those specific powers. [See the 9th and 10th Amendments for clarification]
The
pursuit of happiness is a recognized right; not happiness itself, and not happiness brought about by way of infringing upon the rights of others. The right to keep and bear arms is another specifically recognized right of the people.
Talk of limited rights is frequently bandied about - usually rather dishonestly - but in reality what it means (legally) is that actions can have legal consequences. The Constitution covers that, and provides legal protections for those accused of taking actions that aren't legal.
Put bluntly:
We are endowed (by our creator) with the right to keep and bear arms. That right does not extend to the point of wrongfully using arms to cause harm to another.
We are endowed (by our creator) with the right to pursue happiness. That right does not extend to the point of restricting someone else's right (such as their right to bear arms).
You don't have to take my word for it; there are a plethora of written statements (from the framers, those who ratified the Constitution, and early Justices) detailing the intent behind our supreme laws and the limits on the powers granted to the government.
If truly interested in the the intent of our Supreme Laws (intent is the purpose for the law - what the law means, and what it was designed to do) I highly recommend reading the following:
Federalist papers
Anti-federalist papers
Congressional archives (pay close attention to the stated intent for each law and the discussions about the various proposals that resulted in the Constitution and the BOR)
The thoughts of various founding fathers/framers - Washington, Madison, Franklin, Jefferson, Adams, Jay, etc...
BTW - "unalienable rights" means that our rights can not be taken, or given, away.
