Guns
The idea of average people having guns in a modern civilized
society can sound so, well, uncivilized.
One reason for this, at least for those of us in the United States, is
that we are oceans away from so many of the countries where wars have been
fought. We certainly have had our share
of wars, but most of the time we would just send our professional soldiers
overseas, and we would then just read about them or watch clips of them from
over here.
But the question is being asked, and rightly so, why average
people, particularly here in the States, would need to have guns for
themselves. Those who live in urban
areas certainly feel a lot less safe than they used to. Many of us still remember a time when people
often left doors unlocked and felt perfectly safe doing so.
The Second Amendment [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.] is in the news often as its meaning is being debated
and laws are being passed hopefully consistent with its meaning and intent but
more concerned with the safety of the public.
The meaning of the Second Amendment seems unclear to many
today who are trying to mesh its meaning with the perceived need to protect our
society from what many see as excessive gun violence. It is certainly not written in a way that it
would be if it were written today.
While those who wrote the Second Amendment and voted on it
are not around for us to ask them about it, the person who originally wrote the
Constitution and the Bill of Rights, which includes this Second Amendment, also
wrote about the Constitution.
James Madison, along with Alexander Hamilton and John Jay,
the first Chief Justice of the Supreme Court, wrote a series of papers, The Federalist
Papers, where they explained and defended the then proposed Constitution from
those who were opposed to it.
There are at least three issues discussed in these papers
that in my mind are pertinent to this matter of guns.
First, there were concerns that the federal government would
gain too much power. And what is very interesting about this whole discussion is that
it is never mentioned that the states would or should appeal to the Supreme
Court over whether a matter was of state or federal jurisdiction. No, their recourse was to the fact that the people
of the states were armed.
But ambitious encroachments of the federal government, on the
authority of the State governments, would not excite the opposition of a single
State, or of a few States only. They would be signals of general alarm. Every
government would espouse the common cause. A correspondence would be opened.
Plans of resistance would be concerted. One spirit would animate and conduct
the whole. The same combinations, in
short, would result from an apprehension of the federal, as was produced by the
dread of a foreign, yoke; and unless the projected innovations should be
voluntarily renounced, the same appeal to
a trial of force would be made in the one case as was made in the other. [italics mine]
Federalist no. 46 James Madison
It is of
great importance in a republic . . . to guard the society against the
oppression of its rulers, . . . .
Federalist no. 51
James Madison
He is saying that the people of the states would treat the federal
government’s power grab the same way they would treat the threats of a foreign
power. Just as in the War for
Independence, people fought against their own government to regain their
freedom, so too they would do it again if the federal government tried to exert
too much authority.
We need to understand that
[t]he powers delegated by the proposed Constitution to the federal
government, are few and defined. Those which are to remain in the State
governments are numerous and indefinite. The former will be exercised
principally on external objects, as war, peace, negotiation, and foreign
commerce; with which last the power of taxation will, for the most part, be
connected. The powers reserved to the several States will extend to all the
objects which, in the ordinary course of affairs, concern the lives, liberties,
and properties of the people, and the internal order, improvement, and
prosperity of the State.
The operations of
the federal government will be most extensive and important in times of war and
danger; those of the State governments, in times of peace and security. Federalist
no. 45 James Madison
The Founders had seen in Europe how when the citizenry was
unarmed, tyranny exerted itself and continually enslaved the people. But we were an “armed” nation, and thus we
could protect ourselves from ever having tyrants rule over us.
Besides the
advantage of being armed, which the Americans possess over the people of almost
every other nation, the existence of subordinate governments, to which the people are
attached, and by which the militia officers are appointed, forms a barrier
against the enterprises of ambition, more insurmountable than any which a
simple government of any form can admit of. Notwithstanding the military
establishments in the several kingdoms of Europe, which are carried as far as
the public resources will bear, the
governments are afraid to trust the people with arms. And it is not
certain, that with this aid alone they would not be able to shake off their
yokes. But were the people to possess the
additional advantages of local governments chosen by themselves, who could
collect the national will and direct the national force, and of officers
appointed out of the militia, by these governments, and attached both to them and
to the militia, it may be affirmed with the greatest assurance, that the throne
of every tyranny in Europe would be speedily overturned in spite of the legions
which surround it. [Italics
mine] Federalist no. 46 James Madison
In other words, Madison was saying that besides being an “armed”
people, our system of local governments chosen by the people can easily and
effectively unite them to fight off any threats of tyranny by the national governments.
The thinking here is that it would require the use of force for
the federal government to impose its will on the states, and the states would
stand against this abuse of power by force as well. Reference was then made to that just recent
of events, the American Revolution, where states resisted the will of the
larger government [England] for the sake of their freedom.
If the
representatives of the people betray their constituents, there is then no
resource left but in the exertion of that
original right of self-defense which is paramount to all positive forms of
government, and which against the usurpations of the national rulers, may
be exerted with infinitely better prospect of success than against those of the
rulers of an individual state. . . .
The
obstacles to usurpation and the facilities of resistance increase with the
increased extent of the state, provided
the citizens understand their rights and are disposed to defend them. [italics
mine] Federalist no. 28 Alexander
Hamilton
It was not the need for guns for personal protection that was
thought important but the need for the states to be able to marshal forces
against the abuse of power of their national government. James Madison noted that if those nations in
Europe had this same ability, there would not be those dictators that they then
had.
Crime and the need for personal protection was not a serious
problem then, but that is for another article.
Related to this was the question of whether it was wise to have a
standing army in peacetime. And the
answer to this question was the same.
There was no real threat to the freedom of the people, because the armed citizens of the states would always be larger in
number than any army the federal government would have under its command. Federalist no. 46 James Madison
It may seem strange why Madison and
Hamilton would refer to the use of force against the federal government. If the federal government mandated a course
of action for the people of the states which the states, or state, refused to
accept, as an encroachment or abuse of the rights of the state, what recourse
would the federal government have to force compliance from the state?
Today most people and states
accept the ruling of the Supreme Court to decide such disputes, but I wouldn’t be
surprised to see that change in the near future. There are too many court decisions that are
negating the votes of the people, as in state constitutions, and even rewriting
the federal government’s argument in a major case to support a law that by its
own standards should have been struck down.
I would not be surprised to hear
of a state telling the federal government to get lost if they try to make them
enforce a particular law or stop them from doing something they believe they
should.
Lastly, when the Constitution of the United States was proposed,
there was no Bill of Rights, as in a Second Amendment, attached to it. Not only was it considered not necessary, but
it was considered dangerous to even have one.
It has been several times truly remarked that
bills of rights are, in their origin, stipulations between kings and their
subjects, abridgements of prerogative in favor of privilege, reservations of
rights not surrendered to the prince. .
. . It is evident, therefore, that,
according to their primitive signification, they have no application to
constitutions professedly founded upon the power of the people, and executed by
their immediate representatives and servants. Here, in strictness, the people
surrender nothing; and as they retain every thing they have no need of
particular reservations. "WE, THE PEOPLE of the United States, to
secure the blessings of liberty to ourselves and our posterity, do
ordain and
establish this Constitution for the United States of America."
Here is a better recognition of popular rights, than volumes of those aphorisms
which make the principal figure in several of our State bills of rights, and
which would sound much better in a treatise of ethics than in a constitution of
government. Federalist no. 84 Alexander Hamilton
The idea is: the people of the United States are not subjects of a
government from which they would need protection, but they themselves are the
ones who give the government its authority.
Why would people need a bill of rights when they are the ones in charge? It would be like the owner of a company
drawing up a list of things that he can and cannot do with regard to the
company to make sure the company lets him do what he wants.
What people keep forgetting is that we are not subjects of our government. The government is an extension of the will of
the people. A bill of rights would
suggest that this is something that the government is allowing us rather than
rights that we have prior to and apart from any government. And this is why they saw an inherent danger
in having a separate bill of rights.
I go further, and affirm that bills of rights,
in the sense and to the extent in which they are contended for, are not only
unnecessary in the proposed Constitution, but would even be dangerous. They
would contain various exceptions to powers not granted; and, on this very
account, would afford a colorable pretext to claim more than were granted. For
why declare that things shall not be done which there is no power to do? Why,
for instance, should it be said that the liberty of the press shall not be
restrained, when no power is given by which restrictions may be imposed? I will
not contend that such a provision would confer a regulating power; but it is
evident that it would furnish, to men disposed to usurp, a plausible pretense
for claiming that power. They might urge with a semblance of reason, that the
Constitution ought not to be charged with the absurdity of providing against
the abuse of an authority which was not given, and that the provision against
restraining the liberty of the press afforded a clear implication, that a power
to prescribe proper regulations concerning it was intended to be vested in the
national government. This may serve as a specimen of the numerous handles which
would be given to the doctrine of constructive powers, by the indulgence of an
injudicious zeal for bills of rights. . . .
There remains but
one other view of this matter to conclude the point. The truth is, after all
the declamations we have heard, that the Constitution is itself, in every
rational sense, and to every useful purpose, A BILL OF RIGHTS. Federalist no. 84 Alexander Hamilton
So, as this would pertain to the matter of guns, according to
those who wrote the Constitution and the Bill of Rights, there is no need for
an Amendment guaranteeing one the right to keep and bear arms, because there is
nothing in the Constitution that gives the federal government the power to
restrict them.
Could states? Technically,
I suppose they could, but this would have been unimaginable to the early
Americans, because they had just fought a war about this whole idea of “unalienable
rights” endowed by their Creator, “that among these are Life, Liberty and the pursuit
of Happiness.”
And there’s no point in a right to liberty if you have no way to
defend yourself from those who would take it away. But
that’s what our police and military are for.
Actually not quite. Since
they are tools of the state, the possibility always exists that they would be
used to enforce the abuse of those who would take away our freedoms, and it is
up to the people to protect their God-given rights, with force if necessary.
As you may recall, the War for Independence was not a war against
a foreign country. It was a war against
their own government, to free itself from their excessive control. It’s government which takes away the freedom
of its people, and whether it’s done through a hostile takeover or slowly, one
law and regulation at a time, the results are the same, just easier to get used
to.
You read the writings of the Founders, and you realize very
quickly that they are quite aware of history, particularly recent European
history, and the natural human proclivity for government to always assume or
take more control over its people.
We like to think this is so ancient history, but what we have here
in the United States was new on the world scene. And what we have here has changed
significantly from what it used to be, but being so gradual, few people see the
bigger picture or know where we used to be.
By spelling out these rights as we see in the Bill of Right in
detail, there was concern that the federal government might suppose it had the authority
to curtail or otherwise modify these rights.
As it was noted earlier, “the powers delegated by the proposed
Constitution to the federal government, are few and defined.”
The Founders of our country would think it naïve for a people such
as ourselves to trust a government, any government, even our own, to protect
them from those who would take away their freedom. Governments are prone to abuse their power
like weeds are prone to show up on your lawn.
Maybe not as quick but just as sure.