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.
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