High school text book really does re-write Constitution

04160E9CCD6B405ABE832FB368757512BreitBart reports that one high school text book publisher literally does re-write the Constitution. It overturns a Supreme Court Decision, as well.

Page 102 of United States History: Preparing for the Advanced Placement Examination (PDF) gives brief descriptions of the Bill of Rights to the Constitution. Their version of the Second Amendment states:

The people have a right to keep and bear arms in a state militia.

The official Second Amendment reads:

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.

In 2008, the Supreme Court decided in District of Columbia v. Heller (PDF) that the right to bear arms is independent of being a member of a militia. In 2010, the case of McDonald v. Chicago (PDF), the Supreme Court held that the Second Amendment restrictions on government applied to State as well as national government.

The book is authored by John J. Newman and was published in 2003 by Amsco School Publications Incorporated.

The book does briefly cover the history of the Bill of Rights. The anti-Federalist–who opposed to the new Constitution preferring to amend the Articles of Confederation—argued that there was no guarantee of rights as was included in many of the Constitutions of the colonies. The Federalist, including James Madison, argued that if a Bill of Rights was added, the government could conceivably infringe on other rights not listed. The opinion at the time was that the Constitution fully protected all rights. Alexander Hamilton noted in Federalist Paper No. 78:

There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid.

One Federalist writing as Cassius wrote with vigor:

“Say, ye mighty cavillers, ye inconsistent opposers of the new plan of government, of what avail, to the thinking part of the community, do you suppose will be all your clamours about a bill of rights? Does not the abovementioned section provide for the establishment of a free government in all the states? and if that freedom is encroached upon, will not the constitution be violated? It certainly will; and its violators be hurled from the seat of power, and arraigned before a tribunal where impartial justice will no doubt preside, to answer for their high-handed crime.”

James Madison—oft referred to as the Father of the Constitution—reversed his earlier objection and as the leader of the House was instrumental in pushing a Bill of Rights through Congress.

Most history books also neglect to note that the Bill of Rights was supposed to be inalienable. This is expressed in the Preamble to the Bill of Rights. The Second Clause of the Preamble states:

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

The author points out on Page 78 that a large British force was sent to seize “military supplies” in the town of Concord, Massachusetts. Those supplies were guns, powder and ball.

It is also interesting to note that 10 United States Code Chapter 13 defines the militia as:

The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

Most State Constitutions defines the militia as able-bodied persons of 18 to 45 years of age but do not have restrictions on able-bodied volunteers above the age of 45. This would seem to make the restriction on the ownership of handguns for persons 17- to 20-years old unconstitutional and illegal.