Wednesday, January 16, 2013

"A 30 Round Magazine Might Be Too Small"

". . . from my cold dead hands!"
Erick Erickson summarizes well the historical background for the 2nd Amendment, here, the point of which is that not only should individual Americans possess the very latest weaponry, but that as long as there are standing armies and militarized police forces in America, we can never really be free from impending tyranny, despite the existence of the Oathkeepers:


Many historians have come to view the American Revolution as a conservative revolution. The revolutionaries believed they were protecting their English rights from the Glorious Revolution of 1688. They were, in effect, revolting to demand the rights they thought they already had as English citizens. It is why, for much of 1775, they petitioned the King, not Parliament, for help because they had, separated by distance and time, not kept up with the legal evolution of the British constitutional monarchy in relation to Parliament. The colonists believed themselves full English citizens and heirs of the Glorious Revolution.

One of the rights that came out of the Bill of Rights of 1689 in England following the Glorious Revolution was a right to bear arms for defense against the state. The English Bill of Rights accused King James II of disarming protestants in England. That Bill of Rights included the language “That the Subjects which are Protestants may have Arms for their Defence suitable to their Conditions and as allowed by Law.”

The Americans, however, saw the British government, via Parliament, begin curtailing the rights of the citizenry in the American colonies. When they formed the federal government with ratification of the Constitution, the colonists, now Americans, were deeply skeptical of a concentrated federal power, let alone standing armies to exercise power on behalf of a government. This is why, originally, the colonists chose to require unanimity for all federal action under the Articles of Confederation that the Constitution would replace. Likewise, it is why many early state constitutions gave both an explicit right to keep and bear arms, but also instructed that standing armies in times of peace should not be maintained.

Prior to the Civil War, the Bill of Rights only applied to the federal government and that first Congress dropped references to “as allowed by Law” that had been in the English Bill of Rights. The Founders intended that Congress was to make no law curtailing the rights of citizens to keep and bear arms.

In other words, removing "as allowed by Law" means the right to keep and bear arms is not susceptible of further modification by legislative, or executive, action. Or for that matter by judicial action. The Second Amendment is a settled matter. Americans have simply forgotten this, and to the extent they have are already slaves.