Posted by
arandomguy on Tuesday, April 17, 2007 1:43:42 PM
As the recent school shootings have reignited the debate about gun control, I want to correct some (what I believe are) common misconceptions about the purpose of the 2nd and 3rd amendments to the US Constitution, as well as explain a fundamental principle of our government, one that can be traced back to the philosopher John Locke, and can be seen clearly in the Declaration of Independence, as well as the Bill of Rights.
People in our country have forgotten why we HAVE a second amendment. The third amendment (which most people do not know, and the rest could not tell you why the founders included it in the bill of rights) is also highly relevant to this issue.
"That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, 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."
- Declaration of Independence
"But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security."
- Declaration of Independence
Amendment II
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.
Amendment III
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
These four passages set out a principle that is unique to American society. OUR COUNTRY WAS FOUNDED ON THE PRINCIPLE OF LEGAL REVOLUTION.
This is something people forget. The founding fathers believed - as I do, that if your government is oppressive and unwilling to listen to your complaints, and to act as best it can on those grievances, the citizens have the right, and a DUTY to revolt, and formulate a new government.
The second amendment was included in our constitution, not because the founders wanted to ensure that everybody could hunt without trouble, though that may have been a part of it.
The second amendment, establishes the principle of legal revolution within our governing document. The easiest way for a government to be oppressive of the people, is take away the right of the people to bear arms against them. Our government must live in constant fear of its people - knowing that we can and will revolt if it becomes oppressive.
Because governments are by nature oppressive, the only way to keep government in check is to make it fear the governed - the people. The second amendment, which allows the people the right to bear arms unconditionally, was included in the Bill of Rights, because it was meant to protect the citizens from tyranny, and it was meant to force the government to bow to the will of the people.
The third amendment also has this purpose. It forbids the quartering of troops in a person’s house without their consent, and this in context, forbids the arbitrary declaration of martial law. The US army could not send five divisions into New York City (or any other city), because it would not have enough places to house the soldiers for a continued occupation, unless it was consented to by the people. Thus, the arbitrary declaration of martial law is forbidden by our constitution, which relates directly to the principle of legal revolution.
Even such anti-gun-control advocates as the NRA (of which I am a card-holding member and donor), do not fully understand (in general) the reason for the second amendment. It was NOT to ensure the ability of every person to hunt. It was not even to ensure the ability of every person to protect themselves from other people - though it has this effect as well (and if it were not included in the second, would be included in another amendment, presumably - the founders killed two birds with one stone here).
The most important principle of the second amendment, and why I believe it is the MOST important of all the 10 amendments, is because it establishes the principle of both legal revolution, and ensures the citizens of the US against the oppression of government.
Think of the 2nd and 3rd amendment as the final escape clause of the Constitution. If everything goes to hell in a hen basket, we still have a way out, a way guaranteed to us by our founders. That's always something I've found fascinating about the founding of our government - ours is the only government with a legally justifiable escape clause for the citizens (not the states however - this question was settled during the Civil War, when the Union won).
Our Declaration of Independence recognizes the necessity of government. There are some tasks that citizens themselves cannot perform, and it is up to government to prevent anarchy, confusion, and establish a kind of order to life, which is necessary for continuing (or beginning) prosperity. Thus, our declaration of independence (and if you have not read the unedited copy, Thomas Jefferson's original draft, I HIGHLY recommend you do so) allows for the formulation of a government (as does our Constitution). However, our Constitution implements a series of checks and balances.
Everybody has heard of the "normal" checks and balances. The Legislative branch makes the laws, but cannot enforce them. The Executive branch enforces the laws, but cannot make them. The judiciary can review the laws to determine their constitutional validity, but ONLY when challenges to laws arise.
Yet there is a greater, far more wide-ranging, and FAR more important set of checks and balances in our Constitution. These principles come straight out of Thomas Jefferson's declaration, and John Locke's Second Treatise on Civil Government (another read I HIGHLY recommend).
That is the check of the PEOPLE on the government. Again (it bears repeating), government by necessity encroaches on peoples liberties. If unrestrained, those in power will quickly become tyrannical. Government cannot be trusted, and the people in power cannot be trusted. Thus, they must be held in check by the citizenry.
This is why the first, but most importantly, the second and third amendments to the Constitution are included within the Bill of Rights. These three together are the primary checks against arbitrary and hence tyrannical government. There are other checks along this line - senators and presidents are up for periodical re-election, but at different times to mix things up, protections against arbitrary imprisonment, etc.
However, nothing in our Constitution is as important as the principle that the people have the right to start a revolution if there is too great an infringement on human liberty by government. If government becomes too powerful, too corrupt, too tyrannical, too arbitrary, or too oppressive, it is not our right but our DUTY to revolt and establish a new government that will better realize our human rights and liberties.
Now please do not take this the wrong way. I am not encouraging revolt. Our Constitution is superbly designed, and makes this possibility exceedingly unlikely. If we do not like our government, we only have to wait 2 years and we can change a good portion of it. By the end of a 6-year period, we could completely overhaul government (and have on numerous occasions throughout history - in fact, I postulate we are due sometime soon).
This also, in my opinion does not justify the Civil War (the topic of which I am an expert on - and I don't say this lightly - this is the area of expertise within my major (American History), and is something I have read on, written on, and studied extensively).
The southern leaders believed that the circumstances were so bad that they could (and should) honor that principle of legal revolt, and turn against the central government. However, we must analyze that southern belief in its totality, and we can then come to a different conclusion.
In order for the legal revolution principle to have any weight, the people must be fleeing oppression. The southerners FELT oppressed, but were they? Their sense of feeling oppressed, was because slavery was slowly but surely dying. They did not want to change their way of life, and felt that the North, which was quickly industrializing, was trying to attack and destroy their way of life. It was not true - the south was just extremely reluctant to enter the industrial era.
Then there is the slavery question. Slavery is by its very nature unequal. It was included in the Constitution, because the founders believed, it was both on its way out, and because the Southern states would not ratify the Constitution unless it allowed for the continuation of slavery, (you can make whatever assumptions off this you wish. My point is, that is why it is there). Because slavery is unequal and oppressive (to the slave), any revolution based on this principle is ALSO inherently unequal.
The principle of legal revolt, I would argue (and I suspect the founders would - and did - as well) only applies to people fleeing oppression for liberty. Our original revolution (in 1776) was the American people fleeing from British tyranny. Yes, there were slaves, but the slavery question was not the cause, nor the justification for the war.
During the Civil War, slavery was both the cause and the justification (by the South). Thus, the southern revolution was founded on an unequal principle, and therefore does not withstand legitimacy as a legal revolution. Furthermore, the government was not being tyrannical towards the south, and was not infringing on the rights of southerners.
My point is, we as a society need to remember what exactly the second and third amendments to the Constitution are for. To recap, they are the final and most important check on government - that check imposed by the people. The second and third amendments prevent the arbitrary exercise of government power, and allow for the principle of revolt if the government becomes too oppressive (which has never happened yet in our history, thanks to a very well designed Constitution).
That's why I'm so adamant in my stance against gun control. If you take away our freedom to dissolve this government should it become oppressive and tyrannical, you have made the entire bill of rights null and void.
What is the only thing forcing the government to stick to the bill of rights? Checks and balances within government to some extent, but largely, it is us the people. The bill of rights is, at the end of the day, words on a sheet of paper, that the government could simply ignore if it wanted to.
They don't, because they have to answer to the people. If they no longer have to answer to the people, they no longer have any obligation to ensure our rights.
The fact is, the bill of rights doesn't allow GOVERNMENT to ensure our rights.
It allows the PEOPLE to ensure our rights for ourselves, and to protect them from government interference.