The meaning behind the words: We must educate citizens on their constitutional rights – Florida Today
Gary Beatty, Guest columnist Published 7:01 a.m. ET March 2, 2021
Public discourse illustrates that our school system is failing to properly educate future citizens about their fundamental constitutional rights under both the United States'and Florida constitutions.Simply reading the words of either document, without understanding their philosophical underpinnings, tells you nothing of what they actually mean.
To correctly understand either constitution requires at least a basic knowledge of natural law and of the spirit of the law.American constitutions incorporate both (as espoused by Englishman John Locke and Frenchman Baron de Montesquieu) to create the structure of government, and enshrine the rights of citizens.
Debates about two divisive topics, firearms and abortion, illustrate general lack of awareness of these principles. An example of the latter was the recent FLORIDA TODAY letter writer who referred to the well regulated militia language of the Second Amendmentas somehow limiting the right of individual ownership of firearms.
The Department of Defense observes Constitution Day and Citizenship Day Sept. 17 to commemorate the signing of the U.S. Constitution in Philadelphia on that day in 1787.(Photo: U.S. Air Force illustration/James Borland)
In brief, here are the natural law fundamentals that pertain to the individual ownership of firearms:
* An inalienable right of self-defense against individuals, and government.
* Inalienable means the right cannot be infringed by the government.
* The words well regulated militia mean nothing outside their historical context.
* Individual states can afford their citizens expanded rights beyond the federal constitution.
The United States Supreme Court has repeatedly made it clear the historic natural law context of the well regulated militia language in the Second Amendment places no limitation on the right of individuals to own firearms. Then there is also the right to bear arms under the Florida Constitution.
Since the founding of this nation, the protections of the Bill of Rights to the federal Constitution have been merely the baseline.The states can provide their citizens with more extensive rights. The U.S. Supreme Court has confirmed that is a core principle of our federal system.
An example is Article 1, Section 8 of the Florida Constitution. It guarantees the right of Floridians to keep and bear arms in defense of themselves without any reference to a well regulated militia. So that language in the Second Amendment is irrelevant to the right of Florida citizens.
The only limitation on the Florida right is that the manner of bearing arms may be regulated by law. This means the Legislature can enact reasonable restrictions on where and how firearms can be carried, but (except for felons) it cant infringe the right of private ownership.
So the Second Amendment, and the well regulated militia language, are superfluous to the right of Floridians to keep and bear arms. I have not encountered a Florida high-school grad who knows that.
If our public schools were properly teaching about both the federal and Florida constitutions, this would be common knowledge among high-school students. The fact it is not is proof positive the schools are failing in their responsibility to educate kids about their fundamental constitutional rights.
Another example of that failure is that a right to abortion exists under the Florida Constitution regardless of the U.S. Supreme Court decision in Roe v. Wade. So the right to an abortion would continue in Florida even if Roe were overturned.Florida politicians who create a false political issue about the need to uphold Roe to protect the right of Florida women to get abortions are exploiting the failure of our schools to educate voters.
Why is at least a basic awareness of our rights under the Florida Constitution is not required to graduate from high school in Florida? For that matter, how many public school teachers themselveshave even that basic knowledge? None Ive talked to.Isnt educating the citizenry the whole rationale of expending taxes on public schools?
Gary Beatty(Photo: FLORIDA TODAY files)
I dont expect every voter to have my level of understanding of constitutions.But Im talking about the basics. Having spoken at high schools I know those basics are not being taught.Many students were not even aware Florida had a constitution separate from the United States.Some teachers did not know Florida has a separate Bill of Rights. At the very least, students should be told about their rights. And that means all of their rights. Not just the ones preferred by a progressive political ideology which apparently does not include free speech, and damn sure not the right to private ownership of firearms.
The Declaration of Independence declares that our rights originate from natural law, not from written constitutions, or governments.
Both of those exist to protect our rights.
Thats what should be being taught to our kids.
Gary Beatty lives in Sharpes andis retired from 30 years as an assistant state attorney in Brevard County. He has a doctorate in law andiscertified in criminal trial law by the Florida Bar.
Read or Share this story: https://www.floridatoday.com/story/opinion/2021/03/02/citizens-must-taught-their-constitutional-rights-opinion/6869483002/
See the article here:
The meaning behind the words: We must educate citizens on their constitutional rights - Florida Today
- Legal Adults, Limited Rights: The Second Amendment Fight For 1820-Year-Olds - concealedcarry.com - May 5th, 2025 [May 5th, 2025]
- Making the Fourth Amendment the New Second Amendment - The Assembly NC - May 5th, 2025 [May 5th, 2025]
- Federal Government Urges S. Ct. to Take Second Amendment Case - Reason Magazine - May 5th, 2025 [May 5th, 2025]
- Trumps Second 100 Days and the Second Amendment | An Official Journal Of The NRA - Americas 1st Freedom - May 5th, 2025 [May 5th, 2025]
- This Bill Doesnt Ban GunsIt Dismantles the Second Amendment Another Way - The Truth About Guns - May 5th, 2025 [May 5th, 2025]
- NRAs John Richardson admits he cant stand listening to Trump despite praising Second Amendment support - The Mirror US - April 30th, 2025 [April 30th, 2025]
- Trump administration says machine guns arent protected by Second Amendment - Washington Times - April 30th, 2025 [April 30th, 2025]
- Colorado Escalates its War on the Second Amendment : News Article - Independent Institute - April 25th, 2025 [April 25th, 2025]
- Stop the Second Amendment insanity | Letters to the editor - Sun Sentinel - April 25th, 2025 [April 25th, 2025]
- Labrador Backs DOJs Second Amendment Task Force, Joining Other States - Idaho Dispatch - April 25th, 2025 [April 25th, 2025]
- Voices of the Second Amendment Launches Live from NRA Annual Meetings & Exhibits - NRA Women - April 21st, 2025 [April 21st, 2025]
- Oswego Village Board approves second amendment of econoimic incentive agreement with Freddie's Off the Chain, increasing total grant funding to... - April 21st, 2025 [April 21st, 2025]
- Bills Protecting Veteran Second Amendment Rights Hit The House And Senate - The Truth About Guns - April 21st, 2025 [April 21st, 2025]
- Feenstra Leads Legislation to Protect Second Amendment Rights of Law-Abiding Renters and Tenants - Mix 107.3 KIOW - April 21st, 2025 [April 21st, 2025]
- Second Amendment advocate fires back against controversial gun bill: This is going to cost lives in the long run - MyNorthwest.com - April 3rd, 2025 [April 3rd, 2025]
- Restoration of Second Amendment Rights After They Are Lost - The Truth About Guns - April 3rd, 2025 [April 3rd, 2025]
- House Republicans Honor Second Amendment Promises, Advance Key Legislation - National Shooting Sports Foundation - March 28th, 2025 [March 28th, 2025]
- Congress poised to strengthen Second Amendment rights with national concealed carry reciprocity - Washington Times - March 28th, 2025 [March 28th, 2025]
- Senators team up to support proposed legislation protecting veterans Second Amendment rights - Washington Examiner - March 28th, 2025 [March 28th, 2025]
- Governor vetoes local lawmakers Second Amendment Protection Act bill - County 10 News - March 28th, 2025 [March 28th, 2025]
- Second Amendment Roundup: Court Seems Disposed to Rule for S&W and Against Mexico - Reason - March 13th, 2025 [March 13th, 2025]
- Governor Murphys Latest Plan is to Tax the Second Amendment Rights of New Jerseyans - Shore News Network - March 5th, 2025 [March 5th, 2025]
- Second Amendment Protection Act changes head to governor's desk - Wyoming Tribune - March 5th, 2025 [March 5th, 2025]
- WY: TELL THE GOVERNOR Support Second Amendment Protections! - Gun Owners of America - March 5th, 2025 [March 5th, 2025]
- Second Amendment Protection Act changes head to governor's desk - Wyoming News Now - March 5th, 2025 [March 5th, 2025]
- Gun Advocates Demand Results After Second Amendment Executive Order - MSN - March 5th, 2025 [March 5th, 2025]
- Could The Washington Post Go Pro-Second Amendment? | An Official Journal Of The NRA - America's 1st Freedom - March 1st, 2025 [March 1st, 2025]
- Second Amendment Concerns Raised After Long Island Village Bans All Gun and Ammo Sales - MSN - March 1st, 2025 [March 1st, 2025]
- Trumps bold move to strengthen the Second Amendment - Washington Times - February 27th, 2025 [February 27th, 2025]
- After York County shootings, its time to update the Second Amendment [letter] - LNP | LancasterOnline - February 27th, 2025 [February 27th, 2025]
- NSSF Praises South Dakotas Gov. Larry Rhoden for Protecting Second Amendment Privacy - National Shooting Sports Foundation - February 27th, 2025 [February 27th, 2025]
- Fear not the endless presidency: The Twenty-second Amendment - Convention of States Action - February 27th, 2025 [February 27th, 2025]
- New Florida bill would strengthen Second Amendment rights at colleges and universities - Campus Reform - February 27th, 2025 [February 27th, 2025]
- How USAID Funded the War on the Second Amendment | An Official Journal Of The NRA - America's 1st Freedom - February 14th, 2025 [February 14th, 2025]
- Bills affect homeless, addresses wildfires, makes OK a Second Amendment sanctuary state - Yahoo - February 14th, 2025 [February 14th, 2025]
- Trump Issues Executive Order: Protecting Second Amendment Rights Where are we now? - Firearms News - February 12th, 2025 [February 12th, 2025]
- Executive Order 14206Protecting Second Amendment Rights - The American Presidency Project - February 12th, 2025 [February 12th, 2025]
- Trump is protecting the Second Amendment - Washington Times - February 12th, 2025 [February 12th, 2025]
- Trump Signs Executive Order Strengthening Second Amendment | An Official Journal Of The NRA - American Hunter - February 12th, 2025 [February 12th, 2025]
- Executive Order Seeks to Protect Second Amendment After Prior Administration - Turning Point USA - February 12th, 2025 [February 12th, 2025]
- Executive Order on the Second Amendment, which doesn't need any help - Daily Kos - February 12th, 2025 [February 12th, 2025]
- NRA Statement on President Trumps Executive Order Protecting Second Amendment Rights - NRA Women - February 9th, 2025 [February 9th, 2025]
- President Trump signs executive order 'protecting Second Amendment rights' - Buckeye Firearms Association - February 9th, 2025 [February 9th, 2025]
- Trump starts unwinding Biden regulations that infringe on Second Amendment rights of Americans - Must Read Alaska - February 9th, 2025 [February 9th, 2025]
- White House Wields Executive Power to Bolster Second Amendment: - Hoodline - February 9th, 2025 [February 9th, 2025]
- DeSantis Second Amendment Summer is more about his aspirations than Floridas budget | Opinion - Miami Herald - February 5th, 2025 [February 5th, 2025]
- Dueling Gun Groups Strike Truce To Push Wyoming Second Amendment Rights Bill - Cowboy State Daily - February 5th, 2025 [February 5th, 2025]
- Trump AG Pick: I Am an Advocate for the Second Amendment, but I Will Enforce the Laws of the Land - The Reload - January 19th, 2025 [January 19th, 2025]
- Second Amendment advocates skeptical of Pam Bondi - Washington Examiner - January 19th, 2025 [January 19th, 2025]
- Federal Judges (Still) Have No Earthly Idea What to Do With the Supreme Courts Second Amendment Cases - Balls & Strikes - January 19th, 2025 [January 19th, 2025]
- Tuberville, Britt reintroduce pro-second amendment Constitutional Concealed Carry Reciprocity Act - Yellowhammer News - January 19th, 2025 [January 19th, 2025]
- Donald Trump Jr. says younger people are getting into the Second Amendment amid GrabAGun SPAC deal - Fox Business - January 9th, 2025 [January 9th, 2025]
- GrabAGun, a Mobile-Focused Online Firearms Retailer Defending the Second Amendment, to Become a Public Company through a Business Combination with... - January 9th, 2025 [January 9th, 2025]
- Secretary Gray Calls on Wyoming Legislature to Protect Second Amendment Rights by Repealing Gun Free Zones - Sheridan Media - January 9th, 2025 [January 9th, 2025]
- Bernstine Takes Oath of Office, Committed to Protecting Second Amendment Rights, Fighting Wasteful Spending - EllwoodCity.org - January 9th, 2025 [January 9th, 2025]
- NRA-ILA demonstrates its influence in advancing Second Amendment causes - Buckeye Firearms Association - December 18th, 2024 [December 18th, 2024]
- Availability of a second Amendment to the 2023 Universal Registration Document - Yahoo Finance - December 14th, 2024 [December 14th, 2024]
- Justices Thomas, Alito, and Gorsuch Signal Readiness to Revisit Second Amendment Licensing Disputes - USA Herald - December 14th, 2024 [December 14th, 2024]
- Supreme Court Passes On Chance To Correct Hawaii Ruling Finding Spirit Of Aloha Trumps Second Amendment - Daily Caller - December 10th, 2024 [December 10th, 2024]
- AG nominee Pam Bondi's mixed record on Second Amendment raises 'red flags' - Buckeye Firearms Association - December 8th, 2024 [December 8th, 2024]
- Nearly 100 Anti-Second Amendment Measures Proposed To Texas Legislature - Firearms News - December 8th, 2024 [December 8th, 2024]
- Sen. Cruz Takes Stand to Stop Mexico from Violating U.S. Constitution & Second Amendment - Texas Border Business - December 8th, 2024 [December 8th, 2024]
- Sen. Cruz Leads Bicameral Amicus Urging Supreme Court to Uphold American Sovereignty and the Second Amendment - TexasGOPVote - December 8th, 2024 [December 8th, 2024]
- The bill aims to protect Texans Second Amendment rights by blocking enforcement of extreme risk protective orders - The Dallas Express - December 8th, 2024 [December 8th, 2024]
- Trumps New Attorney General Pick Should Face Tough Questions at Confirmation. She Flouts the Second Amendment - The Stream - November 26th, 2024 [November 26th, 2024]
- Ames Moot Court Competition takes on the Second Amendment - Harvard Law School - November 26th, 2024 [November 26th, 2024]
- State Leaders Take Aim at the Second Amendment - The Dallas Express - November 26th, 2024 [November 26th, 2024]
- Trump's victory over Harris proves 'Second Amendment won,' gun rights groups say - Fox News - November 16th, 2024 [November 16th, 2024]
- Mecklenburg Co. Sheriff's Office stripping sober gun owners of their Second Amendment right - WCNC.com - November 16th, 2024 [November 16th, 2024]
- Where John Thune Stands on Gun Control and the Second Amendment - Guns.com - November 16th, 2024 [November 16th, 2024]
- Elections have consequences, particularly when it comes to the Second Amendment - Rome Sentinel - November 10th, 2024 [November 10th, 2024]
- Analysis: Can Arms in Common Use be Banned Under the Second Amendment? [Member Exclusive] - The Reload - November 2nd, 2024 [November 2nd, 2024]
- Where the Harris/Walz Ticket Stands on the Second Amendment - Catalyst - November 2nd, 2024 [November 2nd, 2024]
- Harris Claims She, Not Trump, Will Defend the Second Amendment | An Official Journal Of The NRA - America's 1st Freedom - November 2nd, 2024 [November 2nd, 2024]
- An NRA Shooting Sports Journal | Royce Gracie Speaks Out About NRA And The Second Amendment - Shooting Sports USA - October 29th, 2024 [October 29th, 2024]
- Future of SCOTUS and Second Amendment rights on the ballot - Buckeye Firearms Association - October 29th, 2024 [October 29th, 2024]
- A Second Amendment Rally Like No Other - MSN - October 29th, 2024 [October 29th, 2024]
- Second Amendment Voters Arent Buying Harriss Pandering But Theyre Glad She Feels Compelled to Try - National Review - October 29th, 2024 [October 29th, 2024]
- Elon Musk Gets to the Basis of the Second Amendment | An Official Journal Of The NRA - America's 1st Freedom - October 29th, 2024 [October 29th, 2024]
- Hovde and Baldwin on the Second Amendment and gun control - PBS Wisconsin - October 21st, 2024 [October 21st, 2024]