There continues to be
arguments between the pro-gun groups and the anti-gun lobby about the intended
purpose and meaning of the Second Amendment to the U.S. Constitution.
The anti-gun lobby
argues that the use of the word “militia”, as mentioned in the Second Amendment
of the Constitution of the United States indicates the keeping of arms was
meant only to provide for a standing army in times of an invasion by another
county. During my college years, I too was indoctrinated into this line of
thought.
What I wasn’t told
then, and what the anti-gun politicians go out of there way to hide for fear of
weakening their stronghold on misconceived public perception, are the real
thoughts behind the words of the Second Amendment to the U.S. Constitution.
Before starting this
line of thought, keep in mind that the Second Amendment is the only amendment
that refers to an object—weapons. Presumably this indicates how important it
was to the founders that the ownership of guns was as important as any other right
enshrined in the first ten Amendments to the U.S. Constitution. Perhaps the
right to keep and bear arms is more important than most of our other
rights if we are to believe the Bill of Rights is prioritized.
Instead of using our
own current interpretations of what the framers of the Second Amendment were
thinking, a better insight may come from looking at the framers’ actual words.
This way we can at least establish the foundation on which to understand the
framers’ intent, not our interpretations.
The following are the
thoughts of the framers at the time they were arguing for the Second Amendment
to the U.S. Constitution as they relate to the militia and the keeping private
arms (bold type added to emphasize author’s intent):
“The great object is,
that every man be armed…Every one who is able may have a gun.”
--Patrick Henry
“Who are the
militia? Are they not ourselves? Is it feared, then, that we shall turn our
arms each man against his own bosom. [T]he unlimited power of the sword is
not in the hands of either the federal or state governments, but, where I trust
in God it will ever remain, in the hands of the people.”
--Tench Coxe, Feb. 20, 1788
“Whereas, to preserve
liberty, it is essential that the whole body of the people always possess
arms, and be taught alike, especially when young, how to use them.”
--Richard Henry Lee, February, 1788
“Whereas
civil-rulers, not having their duty to the people duly before them, may attempt
to tyrannize, and…might pervert their power to the injury of their fellow citizens,
the people are confirmed by the article in their right to keep and bear
their private arms.”
--Tench Coxe, remarking on the First Part of the Amendments to the Federal
Constitution
“That the said
Constitution shall never be construed to authorize Congress to infringe the
just liberty of the press or the rights of conscience; or to prevent the people
of the United States who are peaceable citizens from keeping their own
arms…”
--Samuel Adams
“Are we at last
brought to such humiliating and debasing degradation, that we cannot be trusted
with arms for our defense? If our defense be the real object of having those
arms, in whose hands can they be trusted with more propriety, or equal
safety to us, as in our own hands?”
--Patrick Henry
There have also been
numerous attempts to compare the somewhat archaic weapons at the time of the
ratification of the Second Amendment, to the AR-style “assault weapons” of
today. Typically the argument against the AR-style sporting rifle is that the
founders had no idea about these weapons and surely would not have wanted them
included in the class of weapons protected by the Second Amendment.
It’s true that the
founders probably never envisioned our country’s weaponry as it currently is
today. It’s also true that when they wrote the First Amendment protecting
freedom of speech they never envisioned the existence of the internet, e-mails,
television, radio, or computers and hard drives to store the written or spoken
word.
Under this premise,
we could also assume that they never intended speech to ever be disseminated
via our current methods. Therefore it could be argued that the people today
must be content in keeping their communications to that of the methods at the
time—a printing press, and shouting—if they are to be protected under the First
Amendment. We can all see how ludicrous this last comparison is, yet is it any
more ludicrous to think the founders never had the intention of applying the
meaning of the Second Amendment to future evolution of arms?
Those in favor of the
evolution of our means of free speech are especially quick to use these evolved
forms of speech to disseminate their thoughts on how our Second Amendment to
the Constitution of the United States should somehow be limited. These same
people continue to add their two cents to what types of weapons the founders
felt should be protected—or not.
The following
statements make clear that the idea of the time was simple; that the citizens
always have a greater ability than any standing army to defend
themselves or the country.
“The supreme power in
America cannot enforce unjust laws by the sward; because the whole body of
the people are armed, and constitute a force superior to any band of regular
troops that can be, on any pretense, raised in the United States. A
military force, at the command of Congress, can execute no laws, but such as
the people perceive to be just and constitutional; for they will possess the
power, and jealousy will instantly inspire the inclination, to resist the
execution of a law which appears to them unjust and oppressive.”
--Noah Webster, 1787
“No Free man shall
ever be debarred the use of arms. What country can preserve its liberties if
its rulers are not warned from time to time that their people preserve the
spirit of resistance?”
--Thomas Jefferson
“…but if
circumstances should at any time oblige the government to form an army of any
magnitude, that army can never be formidable to the liberties of the people,
while there is a large body of citizens, little if at all inferior to them in
discipline and use of arms, who stand ready to defend their rights…"
--Alexander Hamilton speaking on the topic of standing armies
“…most attractive to
Americans, the possession of arms is the distinction between a freeman and a
slave, it being the ultimate means by which freedom was to be preserved.”
--James Burgh
“The right of the
citizens to keep and bear arms has justly been considered, as the palladium of
the liberties of the republic; since it offers a strong moral check against the
usurpation and arbitrary power of rulers; and will generally…enable the people
to resist and triumph over them.”
--Joseph Story, Supreme Court Justice, 1833
And more recently:
“The right of
citizens to bear arms is just one guarantee against arbitrary government, one
more safeguard, against the tyranny which now appears remote in America but
which historically has proven to be always possible.”
--Hubert H. Humphrey, Senator, Vice President, 22 October, 1959
At the time the
founding fathers put our constitution together, while there were no AR style
rifles available, they did allow for weapons that were more powerful than the
military’s weapons of the time. Their intent was clear—to be armed well enough
that no country could take us over. Our founding fathers knew full well
the tyrannical nature of some governments, and wanted us to be armed as well as
any government—even our own.
Based on this mindset
it could be argued that they would have even intended that we all have fully
automatic weapons to keep up with those of the current militaries from around
the world.
Even if guns in the
hands of irresponsible criminals result in some illegal casualties, it is a far
cry from the genocidal murder committed by some governments in countries with
gun bans.
Would the Ugandans in
Rwanda have been better able to defend against the government’s mass murder if
they were armed? Instead of being able to defend themselves from the new party
taking over the government, there was a genocidal mass slaughter in 1994. In
approximately 100 days over 500,000—or approximately 20% --of the population
was wiped out. Some estimates put the death toll at over 1,000,000.
Speaking as to what
it would be like if our Second Amendment rights were ever dissolved, Patrick
Henry mused, “O sir, we should have fine times, indeed, if, to punish tyrants,
it were only sufficient to assemble the people! Your arms, where with you could
defend yourselves, are gone…”
All of this is
critically important to remember if we ever elect a President who has shown via
voting records, and his underlying subtly stated messages, that he is willing
to dismantle any portion of the Second Amendment of the Constitution of the
United States. It is even more important if, at the same time, he is a
President decreasing funding to our U.S. Military, weakening our power over
foreign invasion and our likelihood we could be invaded by another country with
no means of defending ourselves. And while many politicians lie, if a President
ever tells you he want to “fundamentally transform our nation’’—when those very
fundamentals are what have made us the greatest nation—it would be wise to do
what it takes to preserve our arms, just in case he gets to wave his magic
wand, put the unsuspecting public under his spell, and make that change.
It is our strong
supply of individual private firearms, not the military, that has deterred many
nations from invading our homeland. Let’s not fall victim to the smooth-talking
politicians while they methodically disarm our population, then wait to see
what happens.
If you enjoy freedom
of speech, freedom from unreasonable searches and seizures, or any other
liberties in this country, it is critical that you not only thank those who
fight for Second Amendment rights, but to support them yourself. For without
the full and unfettered force of the Second Amendment it is a matter of when,
not if, your other private rights will be dissolved. As stated so often, it is
true that the Second Amendment exists as a protection for all the other
amendments.
In the next article we’ll take a look at the origin
and the original birthplace of our Second Amendment to the U.S. Constitution.