I wrote this a couple of years ago. Figured that today would be a good time for a re-post.
There's usually a lot of noise and confusion surrounding the 2nd Amendment, the section in our Bill Of Rights which, in my opinion, gives me the right to own guns.
The amendment reads as follows:
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.
There it is, sitting in the second seat of the bus, with all the other restrictions on government power.
Every other bullet point in the Bill Of Rights is designed to limit the power of government in relation to the governed, and we drift off into silliness when we try to see Amendment #2 through any other lens. The 2nd Amendment, just like all the others, is meant to protect us from government, just like the other nine amendments in the Bill Of Rights.
Unfortunately, after years of court cases brought by the Nanny State, this is how many of us now see the original intent of the amendment:
Since our government needs an army to preserve freedom and ward off foreign invaders, we grudgingly admit that members of our primitive Citizen Militias should be allowed to own weapons.
And since we no longer have a Citizen Militia that has to get out of bed in the middle of the night to fight the Redcoats, we no longer have a need for guns in our homes. Or so they would have us believe.
The guys who composed the Bill Of Rights wanted to put some severe limits on government power. They knew that if left unchecked, without ironclad protections, the governing class would try to restrict freedom. I don't understand the mindset of nannies and busybodies, but the last 10 years have seen an alarming rise in those pesky species of political varmints. Most libertarians share that concern with The Founders. Mostly because they believe that the 2nd Amendment, just like all the others, is meant to protect us from government, just like the other nine amendments in the Bill Of Rights !!
Go here and browse through the complete Bill Of Rights. Look at how they're worded. Many of them have a little disclaimer that grudgingly admit that, dammit, some level of government is necessary. But look at the phrases used:
....but in a manner prescribed by law.
....but upon probable cause....
....unless on a presenment or indictment....
....shall not be construed to deny or disparage others retained by the people.
In these amendments, The Founders are saying that because of the necessary evils of courts, trials, responses to emergencies, and the occasional need to search a house, there are going to be certain rules in place to ensure that government doesn't go too far.
In Amendment #2, The Founders agree that the government needs a militia. The militia is a necessary evil, no more, no less.
But because the government gets to have a militia, and government always needs to be held in check, guess what? Well, the right of everyone else to keep and bear arms shall not be infringed.
Here's an interpretation of the 2nd Amendment that I believe is much closer to the original intent:
Since a government militia is an unfortunate necessity, and we have a distrust of government in all its forms, the citizens who are not members of the militia have a duty to keep and bear arms. Just in case the government's militia starts getting uppity.
If you read that version in the context of the other nine government restraints in the Bill Of Rights, the wording makes a lot more sense, doesn't it?
The 2nd Amendment cartoon came from here.
There's usually a lot of noise and confusion surrounding the 2nd Amendment, the section in our Bill Of Rights which, in my opinion, gives me the right to own guns.
The amendment reads as follows:
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.
There it is, sitting in the second seat of the bus, with all the other restrictions on government power.
Every other bullet point in the Bill Of Rights is designed to limit the power of government in relation to the governed, and we drift off into silliness when we try to see Amendment #2 through any other lens. The 2nd Amendment, just like all the others, is meant to protect us from government, just like the other nine amendments in the Bill Of Rights.
Unfortunately, after years of court cases brought by the Nanny State, this is how many of us now see the original intent of the amendment:
Since our government needs an army to preserve freedom and ward off foreign invaders, we grudgingly admit that members of our primitive Citizen Militias should be allowed to own weapons.
And since we no longer have a Citizen Militia that has to get out of bed in the middle of the night to fight the Redcoats, we no longer have a need for guns in our homes. Or so they would have us believe.
The guys who composed the Bill Of Rights wanted to put some severe limits on government power. They knew that if left unchecked, without ironclad protections, the governing class would try to restrict freedom. I don't understand the mindset of nannies and busybodies, but the last 10 years have seen an alarming rise in those pesky species of political varmints. Most libertarians share that concern with The Founders. Mostly because they believe that the 2nd Amendment, just like all the others, is meant to protect us from government, just like the other nine amendments in the Bill Of Rights !!
Go here and browse through the complete Bill Of Rights. Look at how they're worded. Many of them have a little disclaimer that grudgingly admit that, dammit, some level of government is necessary. But look at the phrases used:
....but in a manner prescribed by law.
....but upon probable cause....
....unless on a presenment or indictment....
....shall not be construed to deny or disparage others retained by the people.
In these amendments, The Founders are saying that because of the necessary evils of courts, trials, responses to emergencies, and the occasional need to search a house, there are going to be certain rules in place to ensure that government doesn't go too far.
In Amendment #2, The Founders agree that the government needs a militia. The militia is a necessary evil, no more, no less.
But because the government gets to have a militia, and government always needs to be held in check, guess what? Well, the right of everyone else to keep and bear arms shall not be infringed.
Here's an interpretation of the 2nd Amendment that I believe is much closer to the original intent:
Since a government militia is an unfortunate necessity, and we have a distrust of government in all its forms, the citizens who are not members of the militia have a duty to keep and bear arms. Just in case the government's militia starts getting uppity.
If you read that version in the context of the other nine government restraints in the Bill Of Rights, the wording makes a lot more sense, doesn't it?
The 2nd Amendment cartoon came from here.