Since its inception, America’s Constitution has been dynamic. History reveals our Constitution has been amended and modified to meet the demands of our changing society. The 21st Century has been filled with change. From the genesis of technology, which has literally placed good and bad information at our finger tips, combined with the 24-hour news cycle, to identity theft, terrorism, and mass shootings, values and life styles in America have been changing at a remarkable pace. Any English thesaurus describes and explains the word “amendment” with the word “improvement.”
In this dense fog of rapid change, are the principles in our founding documents still valid?
The history of our Constitution identifies its dynamic nature. When it was written, it counted those in slavery as three-fifths of a person. It denied the right of women to vote until it was amended in 1920. As our collective knowledge and insight has expanded, we find it absurd that some of us were counted as three-fifths of a person or that women should not have the right to vote or serve on juries.
With the above information in mind, are the principles clearly stated in the Declaration of Independence and the U.S. Constitution still sustaining our collective values? As Congress and our two-party system ebbs and flows, and the barrage of media attention becomes overwhelming, it would serve us well to revisit the principles found in these foundational documents.
The Declaration of Independence and the United States Constitution should not be dissected into individual values. One should not scan these important documents searching for an individual value or right they hold dear and attempt to place that value or right above all others. These documents should be closely read and taken as whole cloth. The Declaration of Independence clearly states “life, liberty, and the pursuit of happiness.” The Declaration of Independence does not single out a specific right, it clearly points out three values that are as important today as they were when penned by Thomas Jefferson.
If one does chose to select a one amendment over all others, the right to life is the one right consistently listed in both the Declaration of Independence and the U.S. Constitution. The right to life is the critical right in which all other rights are based. Obviously, no other right can be exercised when the right to life is lost. The most consistent rights outlined in the Declaration of Independence and the U.S. Constitution, including the “Bill of Rights” is the right to life and liberty. The right to bear arms is mentioned in the Second Amendment to the Bill of Rights. The right to life is boldly stated in the Declaration of Independence, listed in the Fifth Amendment of the Bill of Rights and repeated in the 14th Amendment.
The repetitious shootings can be stopped. From El Paso to Dayton, we can stop these horrible shootings if we can find the courage to act. All other, western civilized countries have laws that limited gun violence. Clinging to an outdated gun culture in America is silly. We need to act – not just talk!
The Sandy Hook shooter took the right to life away from 20 6- and 7-year-old children and from six adults. These Sandy Hook children will never exercise any of the rights guaranteed to them in the U.S. Constitution based on our commitment to the Second Amendment.
In the 1960s, as a San Diego police officer, I took an oath to up hold the U.S. Constitution and enforce the constitutionally supported laws outlined in the California Penal Code. The California Penal Code, Section 288(a) made gay sexual behavior a felony. As the interpretation of the U.S. Constitution has changed to meet the demands of both science and understanding, gay relationships are now protected by the U.S. Constitution. In the Pulse Night Club in Orlando, 49 people were killed. These 49 people, many from the LGBT community, lost their right to life because of our commitment to the Second Amendment which allowed the Pulse Nightclub shooter the right to obtain an assault rifle, and a large, 30-round magazine. Our Constitution has been amended to support the LGBT, and at the same time, supports the Second Amendment which contributed to 49 young people losing their right to life.
Nine church members in Charleston, S.C., and 26 people have been shot to death while in church in Sutherland Springs, Texas. Losing the right to life as well as their ability to exercise their First Amendment Right – freedom of religion. Will we, as American citizens, accept people being gunned down while exercising their right to attend church? Are we all part of the problem by displaying our collective commitment to the Second Amendment over the right to life and all other rights listed in the Declaration of Independence and in the U.S. Constitution?
Is the Second Amendment hurting the First Amendment as well as the right to life? Are the values of “Life, liberty and the pursuit of happiness” found in the Declaration of Independence lost to the friends and families of the victims of mass shootings? How do family members ever pursue their right to “happiness” after a family member is a victim of gun violence? Are church shootings, nightclubs shootings, work places shootings, the mass shooting in Las Vegas, and now these double mass shootings in less than 24 hours, the last straw? Mass shootings that are not prevented by the Second Amendment. They are enhanced by the Second Amendment.
The shooter in the Las Vegas mass shooting, with the support of the Second Amendment, was able to legally purchase assault rifles, large capacity magazines, and bump stocks, and took the right to life away from 59 people. These 59 individuals lost their right to “life, liberty, and the pursuit of happiness” because of the weight given to the Second Amendment. Does the Second Amendment outweigh all other rights for anyone of the victims in Sandy Hook, Orlando, Las Vegas, Virginia Tech, and many of the 33,000 Americans who have lost their right to life to gun violence last year in America? If we as a society remain silent, will we have their blood on our hands? Our founding fathers made our Constitution dynamic for a reason. Do we as Americans have the courage to protect the right to life in our Country? Don’t just shrug your shoulders, wring your hands, and continue to ignore the reality that over 33,000 Americans will die from gun violence next year if we fail to act.
Robert C. Wadman
Robert C. Wadman, Ph.D., is a professor emeritus in the Criminal Justice Department of Weber State University