Posted by
Charles the Hammer on Sunday, March 18, 2007 4:28:08 PM
The recent ruling by a Federal appeals court, striking down the District of Columbia's ban on handguns, is a great victory for the citizens of Washington, but a harbinger of even greater contests. It predicts a revival of a more fundamental argument: whether the U.S. Constitution will carry forward the originally intended protections of the framers or not.
The citizenry of Washington,D.C., have long suffered as victims of violent crime in one of America's deadliest cities. It should not be overlooked that "gun control" in America had its start in the Jim Crow South. Racists and nightriders were quick to note that disarming African Americans was a good precursor to the confiscation of voting franchise and property rights. Similarly, the residents of Washington, D.C. are predominantly African American. The "gun control" faction wants their safety left to the police, ignoring every person's basic right to self-defense. After all, police often arrive when all that's left to do is draw a chalk outline on the pavement and begin the hunt for the killer. The "controllers" , more accurately called disarmers, argue that the right to "keep and bear arms" is properly held by the States in the form of "militia". Militia being defined as the National Guard. That notion has now been torpedoed.
James Madison, universally regarded as the chief author of the U.S. Constitution, referred to militia being "all the people". Back in the aristocracy of Europe, only the noble class could "bear arms". It was a right that accrued only to the ruling class, along with others such as due process, or property. John Locke, the philosohphical mentor of Madison, Jefferson, and the other founders, challenged the idea that such rights were ascribed by class. Instead, said Locke, rights were naturally imbued to each individual. "Life, liberty, and property" were every person's birthright, not privileges for a ruling elite. Our founders knew that the state doesn't have "rights". Instead, we make a social contract with the government in order to protect our rights, delegating specific powers to government to that end, and to limit its authority. In this stunning reversal of royal privilege, every man was meant to be king of himself, to exercise popular sovereignty. Can anyone be truly self-governed and defenseless?
Just as it is essential for a free citizen to speak freely, worship freely, and freely own property, it is necessary to provide for one's defense. That is what is at the heart of the second amendment. It is also a counter to the authority of the state. It is an exclamation point to the idea of limited government! It has been the practice of the "disarmers" to pontificate about the type and power of arms to be permitted. Now, the authority to do so will be seriously challenged.
"The founders could never have imagined the power and rapid firing of modern assault weapons." Such are the cries of the gun control faction. Since they could never have imagined the speed and range of modern mass media, the internet, or computers, should free speech be confined to writing on parchment with a newly dipped quill pen?
The table is set to directly consider the second amendment as an individual right. The Supreme Court ruled obliquely in United States v. Miller (1939), saying that the National Firearms Act was constitutional in its application to the criminal use of a "sawed-off" shotgun because such a gun could not possibly be construed as one with a "military" application by a militia. That means that those that do have military application are precisely the ones explicitly protected by the amendment. After all, were the Minutemen relegated to obsolete matchlocks or pikes? No, they came to Concord Bridge with the best they could afford on that day...the equals of the King's men.
Those who oppose the free execise of this right will be hard pressed to advocate the zealous application of the fourth or fifth, eighth or fourteenth. A public aroused by the liberal constructionist Kelo ruling, will be further angered by improper judicial activism here. Those who champion disregard for natural rights will pay a political price at the polls. The old saw, "A man's home is his castle" rings true for Americans. We see the nobility of safety, secure in one's property, sovereign self-ruler, free.