Monday, September 17, 2012

To President Obama: The 2nd Amendment Is About Fighting Tyranny, Not Hunting Deer by Michael Scheuer

To President Obama: The 2nd Amendment Is About Fighting Tyranny, Not Hunting Deer by Michael Hersch
Soon after the Denver shootings, President Obama said it was time to put stricter gun-control measures in place. With the failure of Attorney General Holder’s “Fast and Furious” ploy to void the 2nd Amendment, it seems Obama thought he might capitalize on the Denver shootings to further damage the Constitution. The negative public reaction to his words, however, sent Obama backtracking, and senior Democrats like Senator Reid and Representative Pelosi quickly made public remarks to bury the issue – for now.
Before moving on, it is worth noting that Obama said gun laws must be changed but only in a way that protected Americans’ cherished tradition of hunting. Well, hunting game is not the central concern of the 2nd Amendment. What is central is that the 2nd Amendment protects the right of Americans to be armed in case they decide there is a need, in Jefferson’s words, “to alter or to abolish [the government]” and “to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”
In creating the 2nd Amendment, the Founders – through James Madison‘s pen – took their cue from the British Bill of Rights (1689) which recognized that an unarmed populace could not protect its rights, liberty, and economic welfare against a king backed by a standing army, and so it allowed for an armed populace. The Founders also recalled that when London cracked down on New England’s resistance to the Crown, one of British General Thomas Gates’ first moves was to try to seize the munitions and ordnance the colonists had stockpiled around Boston. One reason for the British Army’s ill-fated expedition to Lexington and Concord in April, 1775, for example, was to capture the colonists’ stores of cannon, muskets, and munitions.
Even before Jefferson’s declaration, therefore, what in today’s parlance is called “gun control” was seen by Americans for what it was and is, a policy instituted by an oppressive government that fears its population and therefore aims at ensuring that citizens cannot arm to resist its will. The 2nd Amendment is meant, in part, to make sure that if the federal government created by the Constitution turns oppressive, Americans will have arms with which to defend their liberties and welfare.
And this right is much more important today than it was when the 2nd Amendment was drafted because the federal government has over time deliberately and probably unconstitutionally eradicated the 2nd Amendment’s other anti-oppression provision, the one that made sure the several state governments had well-regulated – that is, well-trained – militias at their command. The state militias were of course meant to assist the U.S. government’s standing army in case of foreign attack or domestic insurrection, but they also were meant to defend the states and their populations if the federal government used its standing army to willfully violate the Constitution and the Bill of Rights, or acted in a manner harmful to the peoples’ security, economic welfare, and/or their society’s social cohesion.
Except for Alexander Hamilton and a few other of the Founders, both Federalists and Anti-Federalists were very wary of – indeed, many hated – the idea of maintaining a strong standing army in time of peace, seeing it as an all-too-easy-to-use tool of would-be tyrants. The 2nd Amendment took cognizance of this historically genuine danger and established two hedges against it, an armed citizenry and effective state militias. The much stronger hedge – state militias – is long gone, and only the weaker hedge of an armed citizenry remains. And there seems nothing outrageous about the idea that, as the 2nd Amendment allowed citizens to be ready to resist federal-government oppression by matching it musket-for-musket in the 1790s, today’s citizens ought to be free to face the same potential threat of tyranny assault rifle-for-assault rifle.

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