U.S. (Citizen) Security and the Second Amendment

A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.

A well regulated militia being necessary to the security of a free state

 U.S. citizens that choose to exercise the right to bear arms should be required to be fully trained – and/or – entered into the well regulated militia for the security of a free state. It is the responsibility of the well regulated militia to protect the people and vent the people that choose to bear arms in the U.S. The protection of a nation is at last resort the responsibility of the citizens. The security of a free state requires the safety of all citizens, even from those who choose to bear arms.

the right of the people to keep and bear arms shall not be infringed

 Guns are here to stay. The right is ours as U.S. citizens. Still then, ultimately, it is the responsibility of the government, large corporations and – at least the NRA – to provide security at all schools, theaters, hotels, concerts, restaurants, etc., – wherever 50 or more U.S. citizens gather. With the promotion of gun rights, comes the responsibility for the safety of the unarmed.  Security is just as much a part of one’s right to bear arms as continuing to live free as a U.S. citizen. Security is the issue, not the right to bear arms.

If you shoot, shots come back. Freedoms are for the living – in a safe world.

Security refers to freedom from, or resilience against, potential harm (or other unwanted coercive change) from external forces. Beneficiaries (technically referents) of security may be persons and social groups, objects and institutions, ecosystems, and any other entity or phenomenon vulnerable to unwanted change by its environment.

As a term, security is most commonly used to refer to protection from hostile forces, but it has a wide range of other senses: for example, as the absence of harm (e.g. freedom from want); as the presence of an essential good (e.g. food security); as resilience against potential damage or harm (e.g. secure foundations); as secrecy (e.g. a secure telephone line); as containment (e.g. a secure room or cell); and as a state of mind (e.g. emotional security).

The term is also used to refer to acts and systems whose purpose may be to provide security: (e.g. security forces; cyber security systems; security cameras).

All officers of the seven uniformed services of the United States swear or affirm an oath of office upon commissioning. It is required by statute, the oath being prescribed by Section 3331, Title 5, United States Code. 

I, [name], do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.

The United States Oath of Allegiance, officially referred to as the “Oath of Allegiance,” 8 C.F.R. Part 337 (2008), is an oath that must be taken by all immigrants who wish to become United States citizens.

I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely without any mental reservation or purpose of evasion; so help me God.

 

U.S. national security and the Constitution

The phrase “national security” entered U.S. political discourse as early as the Constitutional Convention. The Federalists argued that civilian control of the military required a strong central government under a single constitution. Alexander Hamilton wrote: “If a well-regulated militia be the most natural defense of a free country, it ought certainly to be under the regulation and at the disposal of that body which is constituted the guardian of the national security.”

Organization of U.S. national security

U.S. National Security organization has remained essentially stable since July 26, 1947, when U.S. President Harry S. Truman signed the National Security Act of 1947. Together with its 1949 amendment, this act:

  • Created the National Military Establishment (NME) which became known as the Department of Defense when the act was amended in 1949.
  • Formed a separate Department of the Air Force from the existing United States Army Air Forces.
  • Subordinated the military branches to the new Secretary of Defense.
  • Established the National Security Council to coordinate national security policy in the Executive Branch.
  • Chartered the Central Intelligence Agency.

National security and civil liberties

After 9/11, the passage of the USA Patriot Act provoked debate about the alleged restriction of individual rights and freedoms for the sake of U.S. national security. The easing of warrant requirements for intelligence surveillance, under Title II of the Act, spurred the NSA warrantless surveillance controversy. In August 2008, the United States Foreign Intelligence Surveillance Court of Review (FISCR) affirmed the constitutionality of warrantless national security surveillance.

National security reports

In May 2015, the White House released the report The National Security Implications of a Changing Climate.

National security is the means by which the Federal Government provides protection over the country by means of the economy in terms of militaristic as well as political powers. There are a variety of means by which the Government may ensure such national security. These include: the use of diplomacy to calm threats by way of calling together allies, the employment of economic authority, the maintenance and strengthening of military branches, institution of emergency measures in preparation for pending threats, the monitoring of intelligence practices to ensure the lack of infiltration as well as surprise attacks, and the use of intelligence within the country to ensure the safety within as well as external to it.
One of the earliest statutes set forth was the National Security Act of 1947. It was approved by President Harry S. Truman and set forth the process of reorganizing military forces, foreign policy as well as intelligence procedures due to the outcome of the Second World War. Under this Act, both the Department of War and Department of Navy were combined into one military entity with the Secretary of Defense at the forefront of operations. The statute also was responsible for the establishment of the separation and distinction of the Air Force from the Army Air Forces. Simultaneously, the Department of Defense was enacted with the express purpose of uniting all branches of military, such as those of the Army, Navy, and Air Force.
The National Security Council and the CIA were also instituted. These organizations serve to provide counsel to the Commander in Chief in relations to issues encompassing that of domestic, foreign, and militaristic procedures.
A significant Supreme Court Case, with national security as one of its main concerns, was that of Times Co. v. United States. In this case, the Court ruled that both the printings of the New York Times as well as the Washington Post possessed the right to publish “classified Pentagon papers” despite President Nixon’s belief that it breached secrecy necessary for such pertinent Government information.
The CIA is representative of an agency run by civilians with the purpose of intelligence as its main concern. It often takes part in covert operations with the authority of the President in mind. More specifically, the CIA operates to acquire information from foreign entities in order to adequately provide counsel to the United States Federal Government. This has become increasingly important with the increase in terrorist activity, which is one of the main issues of national security. Due to this, the CIA had put into creation a “Counterterrorist Center”. Therefore, issues of national security have become the focus of such an agency.
9/11, in particular, was a specific serious concern for national security, which placed the CIA in the position of much critical speech due to its occurrence. Following such an event, increased measures have been instituted with national security as the sole focus.

The Department of Homeland Security has a vital mission: to secure the nation from the many threats we face. This requires the dedication of more than 240,000 employees in jobs that range from aviation and border security to emergency response, from cybersecurity analyst to chemical facility inspector. Our duties are wide-ranging, and our goal is clear – keeping America safe.

https://www.dhs.gov/about-dhs

To provide a safer environment for the public and significantly expedite fan entry into stadiums, NFL teams have implemented an NFL policy this year that limits the size and type of bags that may be brought into stadiums.

http://www.nfl.com/allclear

Issue: Court Security

Impact:

Court buildings are obvious targets for domestic and international violence and terrorism, and need to fund increased security precautions.

Position:

State court leaders request that Congress ensure that state and territorial courts are included in the planning and disbursement of federal funding related to homeland and court security, urge direct funding to state and territorial courts, and support federal legislative efforts to ensure that state and territorial courts are eligible to apply for security-related federal grants.  (CCJ Resolution 12-M-5 and COSCA Resolution 12-B-5)

Summary:

Responding to a shooting in a Minnesota courthouse in December 2011, Senator Al Franken (D-MN) introduced the Local Courthouse Safety Act (S. 2076) on 2/7/12.  S. 2076 would:  1) clarify that state courts can use funding from the Byrne grant and the State Homeland Security grant programs to improve security at local courthouses, 2) give state courts access to excess security equipment that federal agencies are no longer using, and 3) provide statutory authorization for the Department of Justice’s VALOR Initiative, which provides training and technical assistance to local law enforcement officers, teaching them to anticipate and survive violent encounters.

http://www.ncsc.org/services-and-experts/government-relations/court-administration/court-security.aspx

 

 

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