You're almost correct, maybe I don't understand the ideology.. How can one account for changes in technology (i.e.semi automatic firearms with a rate of fire - depending on the shooter - of 45 - 60 RPM) today which provides such power? Power unheard of in the 18th Century in a gun easily concealed and carried by a single person.
I guess i'm not the only one to be confused, are you a literal or non literal strict contructionist? Or maybe you are an Originalist or a Textualist? Please, let us know, for most of us simply read English without bias and understand words and phrases written in the 19th, 20th and the 21st centuries must be understood in the context of the times they are written.
As for your use of the word "tyranny", I find that to be way beyond hyperbole and in the ball park of Ignorant paranoia. That's not an ad hominem, its a valid conclusion given the historical reality of tyranny by despots and kings.
It's simple. If its a concept in the document, that concept can be expanded on, or clarified. Freedom of Speech isn't limited to printed material, or yelling in the town square, expanding it to electronic media is a natural extension. As for arms, what the founders wanted people to have was the cutting edge of personal firearms at the time, I see no reason why a citizen should be restricted as long as they are 1) not a felon or 2) not mentally adjudicated. Saying I can't have a semi-automatic handgun "just because I MAY go nutters" is infringement, and prior restraint.
How about full auto? A SAW light machine gun? Maybe a nice 50 calibur?
How about grenades? Rocket launchers? Anti-personnel mines?
These are all cutting edge weapons of the standard infantry.
There is no reference to abortion in the document. Thus, it falls to the States to set up rules for that. Same goes for SSM, there is no mention of it, and thus it Falls to the States. Strict construction-ism as I see it means you don't extrapolate 2 or 3 steps to create a right, or get rid of one "just because I feel like it".
The 9th and 14th amendment contradict that assumption. As you're using the constitution as an exhaustive list of rights. It isn't one. Its an exhaustive list of powers. And the lack of enumeration in the constitution doesn't mean that a right doesn't exist. As the 9th amendment make ludicrously clear.
Just as the Federalist Papers make it clear that its the role of the judiciary to interpret the constitution. And to overturn laws that violate it. With the 14th amendment extending this power to the States.
When power gets condensed further and further away from the people being ruled, it destroys federalism, and tyranny is a pretty good word to describe it.
Rights aren't powers. Nor vice versa. I have no problem with a government recognizing rights. As these are restrictions on government power.
We can eliminate grenades and such, as they are more like artillery, not arms. And crew serviced weapons are also usually not considered arms. What I dont see is government's right to say I can't concealed carry a 9mm handgun "because they feel like it". It's infringement.
But is it? Mortars would be more artillery. But grenades are hand thrown. A rifle is more artillery than a grenade is. Artillery is just large calibur guns. And a grenade isn't part of a gun. The interpretation of the 2nd amendment you're offering is the standard equipment of an infrantry man.
Grenades are pretty standard.
As are automatic weapons. SAW machine guns. Grenade launchers. Anti-personnel mines.
The constitution provides protection for rights, true, it does not create them. However it only protects the ones explicit in the document at the federal level, and incorporated to the states so the states can't prevent people from exercise protected rights in the federal document.
The constitution never says that it only protects those rights explicitly in the document. And I defy you to show me where in the constitution that passage is located. You'll find you imagined it.
On the contrary, the 9th amendment is quite clear that enumeration in the constitution is NOT a requirement for a right to exist.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
9th Amendment of the Constitution of the United States
And of course you already know this. You've read the 9th amendment. Making your 'only those explicitly in the document' nonsense all the more bizarre. As nothing in the constitution or constitutional convention backs your narrative. And the 9th amendment explicitly contradicts it.
Meaning you're wrong twice. The constitution is not, never was, nor was ever intended to be an exhaustive list of rights as you claim. Its an exhaustive list of powers.
However judges making up rights, and then considering it part of the document is laughable, unless you favor more power in the hands of less people. There is no reason other than "we wanted it" that allows the feds to say states cant ban abortion, or can't refuse to issue SSM licenses, its the will of 5 of 9 un-elected lawyers, nothing more.
The 9th amendment makes it clear that there are unenumerated rights held by the people. These rights, like any enumerated in the constitution, would limit government action. And the judiciary is cited by the Federalist Paper as the body to interpret the constitution. And decide when a given law violates it.
Far from 'laughable', defining the limits of government power under the constitution is the role and sacred duty of the government. You favor government power over rights....if that government is the State.
And as the 14th amendment makes clear, the State doesn't have the authority to violate the privileges or immunities of Federal citizens. Which every American is.
As I said, you don't favor liberty over government coersion....if that government is the State. You actively favor such coersino