I’m going to change pace a bit from my usual financial topics in order to put a little reason into the 2nd Amendment debate. Today the US Supreme Court heard arguments regarding a District of Columbia gun ban. In 1975 the District of Columbia banned all handguns within the District boundries, and they also prohibit anyone from owning any firearm (or ammunition) unless it was registered.
In all the articles I read concerning the case tonight, not once was the Second Amendment quoted in the story. I think it’s important, so here it is for some perspective. All punctuation and capitalization is as written:
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.
Seems pretty clear cut to me, but then again, I can’t find a “right to privacy” anywhere in the Fourth Amendment…. And if the Founders meant for it to only apply to state militia’s, they wouldn’t have included the part that specifies “the right of the people”. They would have left it out so only state militia’s would have that guaranteed right.
Time for a brief (or maybe not so brief!) civics lesson….
The US Constitution is the basis of the United States. Everything the government is permitted to do by the people is in it. Just in case anything is ambiguous, it also includes some things that the US Government is expressly prohibited from doing.
The US Constitution is fairly short, and most of it is very straightforward and easy to read. Read it! Go ahead and do it now. I’ll wait….
Back? Ok, here’s the deal: The Constitution only has seven Articles, each of which has a purpose. The Preamble explains WHY the Constitution is being written. It says:
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Pretty simple – no explanation is needed. If you need one, you shouldn’t be reading this. Go away because you won’t understand the rest.
The seven Articles delegate certain powers to the government, and also give some rules for how to do things. Article I creates the House of Representatives and the Senate – the legislative branch of our government. There are sections that dictate terms of office, who is responsible for what, etc.
Of particular interest to this discussion Section 8. It lays out – in quite a bit of detail – everything the US House of Representatives and the Senate are ALLOWED to do.
I capitalized ALLOWED because this is a very important concept – the purpose of the Constitution is to lay down the rules which WE THE PEOPLE choose to delegate to our government. The Founders took it for granted that we, as the people who make up this country, have all our natural (I would say God given to make the point, but that’s not in keeping with the spirit of the document) rights, but in order to secure these rights (see the Preamble) we delegated some of them to the government.
Some things, such as providing for the common defense, simply cannot be done effectively by individual citizens, so we formed a government to take care of them for us. We gave the government the right to do these things – the government doesn’t have any power or authority unless we grant them to it. So many people I talk to don’t get this very fundamental concept – yet without understanding it, the document makes no sense.
I’m not going to get into a discussion of the entire Constitution here, but if you understand that the entire reason it exists is to tell the government what we’re allowing them to do, you get it. If you don’t “get” that concept, try reading the Constitution again. And again. And again. Maybe eventually (one can only hope) it’ll sink in.
For those of you who may be a little slow, read this: 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: (emphasis mine) And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.
It’s the preamble to the first 10 amendments – otherwise known as the Bill of Rights. In other words, people at the time thought there was too much ambiguity in the original document, and they decided to amend (hence the term amendment) the original Constitution to clarify things. They thought that those things which were super important to them should be elaborated upon so no one could possibly misunderstand what they were doing.
Thankfully, the Bill of Rights was ratified by the states in 1791. Just imagine how different our country would be today without them! Do you think we’d still have the right to a free press, free speech, trial by jury, etc. if they wouldn’t be expressly spelled out in the Bill of Rights? Crap, GW Bush has figured out a way to deny access to lawyers, to be charged with a crime, (and a bunch more) in just the last few years! And many of his plans have been ruled unconstitutional – thanks to the free press exposing them. Imagine if he didn’t have these limitations…. I doubt that I’d be able to write this! But that’s a whole ‘nother subject….
One other VERY important concept – the Constitution GUARANTEES certain rights to the people – it does not GRANT any rights to the people. A grant “implies giving to a claimant or petitioner something that could be withheld” whereas a GUARANTEE is “an assurance for the fulfillment of a condition.”
Guaranteeing a right is MUCH different than granting a right. In fact, I would argue that that basic guarantee is what separates us (the US) from the rest of the world.
Anyway, end of rant.
Now that you understand the purpose of the Constitution, read that Second Amendment again. For that matter, read the whole Constitution again. Now tell me exactly where we delegated the “the right of the people to keep and bear arms” to the government. Go ahead – I’ll wait….
Found it yet? No? That’s cool, because I can’t find it either.
On the other hand “shall not be infringed” seems pretty clear to me – how about you?
So what should we do? Should ordinary people like you and me be permitted to own and carry guns? Damn straight! There’s not even anything in the Constitution which permits the government to prevent us from carrying machine guns if we choose to do so. It’s currently the law, but hopefully the case which was heard today will overturn ALL gun control laws. (Note: I don’t think that’ll happen, but it’s a happy thought!)
Does that mean I think everyone should be allowed to carry machine guns on the streets? Yup. If you don’t agree with my (admittedly rather extreme) view, that doesn’t mean you can’t ban machine guns, or handguns, or canons (yes, they should also be legal in my opinion) or even 155mm howitzers.
The way to do it legally is to pass an amendment. My brother and I discussed this a few years ago, and he called it the “no big boom” amendment . Just like we prohibited people from owning other people (slavery) with the 13th Amendment; allowed income taxes with the 16th Amendment; allowed women to vote with the 19th Amendment; banned the manufacture, sale, or transportation of intoxicating liquors with the 18th Amendment – then changed our mind with the 21st Amendment (thankfully!) 14 years later.
You may have heard the the Constitution is a “living” document. That’s so true! But it’s “living” in the sense that we have the ability to change any part of it at any time. The Founders weren’t stupid – they knew that things would change, and that they were creating an entirely new form of government – a form which had never been tried before.
There were bound to be problems and conflicts and things that needed to be changed. That’s why the Constitution itself contains the rules for changing stuff that needs to be changed – or that the people deem need to be changed. Read Article 5 – that’s how we are able to make changes to the document. Those dead white guys did a damn good job!
We had to fight to keep (and/or extend) some of these rights in the civil war. Hmmm… How could that war (or the Revolutionary War) have been fought without private arms? And I’m tired of the NRA (among others) claiming the the right to keep and bear arms has anything to do with hunting. It doesn’t. It doesn’t even have much to do with self defense – at least as we refer to self defense today.
The 2nd Amendment was written to guarantee the right of the people to defend themselves against a tyrannical government. The Revolutionary War is the first and best example of what an armed citizenry can accomplish. True, you don’t stand much chance of holding out (at least for long!) against tanks and smart bombs. But you can make imposing tyranny – either a military dictatorship or (much worse in my mind) a religious theocracy – much more difficult to implement if you can shoot back at those who attempt to impose their ideas on you or your family.
Waco comes to mind…. As does the “insurgency” in Iraq. In another time, fighting against a different occupying force, the “insurgents” would be called “freedom fighters.” Look at Afghanistan in the 1980’s if you don’t understand what I mean.
Anyway, the 2nd Amendment is there to protect us from our government. I could say it 100 different ways and never make my point as clear as I’d like, so I’ll let someone else say it for me. Towards the end of the Civil War, Lincoln said it in the Gettysburg Address. At the end he says “that government of the people, by the people, for the people, shall not perish from the earth.”
Screw it – since it’s my blog, I’ll include the whole speech. It encapsulates the ideals and goals of our country better than any words I could ever type. Read it. Remember it. Understand what he said – and most importantly – understand why he said it. I’ve put a few sections relevent to this discussion in bold to highlight them.
Four score and seven years ago our fathers brought forth on this continent, a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal.
Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived and so dedicated, can long endure. We are met on a great battle-field of that war. We have come to dedicate a portion of that field, as a final resting place for those who here gave their lives that that nation might live. It is altogether fitting and proper that we should do this.
But, in a larger sense, we can not dedicate — we can not consecrate — we can not hallow — this ground. The brave men, living and dead, who struggled here, have consecrated it, far above our poor power to add or detract.
The world will little note, nor long remember what we say here, but it can never forget what they did here. It is for us the living, rather, to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us — that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion — that we here highly resolve that these dead shall not have died in vain — that this nation, under God, shall have a new birth of freedom — and that government of the people, by the people, for the people, shall not perish from the earth.
I fear that if we continue down our current path, the “government of the people, by the people, for the people” will perish from the earth. And the earth – and all its’ citizens – will be the poorer for it.
gk