D.C. v. Heller and 2A
In A Nutshell
by John
Longenecker
I was so very pleased to join Bob Parks on his radio show last
night, Outside The Wire, November 13th. We talked about gun bans and what
personal weapons are all about. Thanks again for having me, Bob.
The
Supreme Court Of the United States may soon decide whether to hear District Of
Columbia v. Heller, a case about gun bans and frustration of a civil
right in high crime areas. In these areas, the right is needed most, and in
these areas, it is vexed and frustrated the most. How does blocking a civil
right operate in the public interest?
D.C. v. Heller, if the
Supremes elect to hear the case, can have a profound impact on the country's gun
control policy, and thus an effect on individual liberty. Gun bans do not work,
and where the Second Amendment is affirmed, crime doesn't seem to be a problem.
You might say that government burden has been lifted a bit, as — even with more
than 2 million gun owners carrying their weapon – none of the dire predictions
of shootings has come true, and armed citizens are demonstrated to play an
important role in crime control.
In this country, there are about 300
million guns in the hands of some 80 million gun owners, and most of the
shootings are criminal in nature. Out of 11,000 annual shooting deaths, nearly
all are criminal shootings, while armed citizens use their gun to de-escalate a
crime more than 2.5 million times every year, almost exclusively without even
firing their weapon. [Source: www.FBI.gov, Uniform Crime Report.] Understand
that with 11,000 criminal shootings each year, these are 2.5 million
non-shootings. What doctors, activists and officials point to in trauma is not
responsible or irresponsible gun use, but Crime. What they are seeing is
not carelessness of gun owners and it is not enough to call it Violence — it is
Crime. It is one-sided aggression. What they will never see is the 2.5
million acts of crime which are stopped by an armed citizen. As I said,
right-to-carry states don't seem to have the same high-violence, high-crime
problem nor the government burden. Some forty states seem to like it that way.
But what is 2A really all
about for the Citizen? National Guard? Private ownership? How does 1776 thinking
relate to 2008 household? This is old hat for liberty nuts, but probably new to
the non-gun owners families.
Let's review in what the Supremes will do
what they do best: interpret the Constitution, which means the thinking of
Original Intent of the Founders.
In a nutshell, the Founding Fathers, in
defeating the Crown of England, defeated abuses of due process, and in founding
the new nation, in preventing this from ever happening again, they declared the
Citizen as Supreme Authority, Point #1. it's worked well until around 1968.
Through education content, media, entertainment and outright activism,
this Authority is being buried deeper and deeper from public view. For instance,
many Americans do not know that their police have no duty to protect them.
[Castle Rock v. Gonzales, U.S. Supreme Court, 2005: No constitutional
right to police protection.] For some heads of household, this comes as a big
surprise.
Point #2 is that 2A was not written for you and me, it was
written for officials, like most of the Document. It recognizes a small bundle
of rights as pre-existing and creator-given, and a wide scope of limits on
officials. Like all our rights, they are not collective, but individual.
Point #3 is that the Founders did not imagine weapons of the future to
be a threat to the new nation – what they did fear as a threat was future abuses
of due process as likely to recur in any age, in any administration including
state or local, so they said in their debates, in their writings and in the
final ratification that the citizen authority of the future must be backed by
lethal force, and for all time, or the new nation would perish at any time.
Armed citizens are in the public interest for many reasons, and vexing
and disarming citizens is against the public interest whatever the
reason. The 11,000 homicides by criminals is not nearly reason enough to
disarm the 2.5 million who de-escalate crime for themselves and on behalf of
their communities. These are non-police de-escalations turned in to the FBI
every year by police around the country. How manyare not even reported?
2A is as absolute as the Emancipation Proclamation is. In this country,
you cannot own and trade in human beings, not even a little. Neither can one
legally write laws which disarm the supreme authority of the nation, not even a
little. Notwithstanding another amendment to repeal it, 2A is absolute because
it backs citizen authority forever, and without another amendment, until that
very hour, there can be no such thing as a sensible gun law to interfere with
that authority. The exciting thing about the appeals court is that the court
agrees with this. Gun bans are illegal, and i'll bet the Appeals Court knows
why. Does the average citizen know why?
Point #4 is that Militia of 1776
must be what guides today's interpretation of 2A, which is that Militia meant
the Everyman. The National Guard did not come into existence for another 130
years after the signing of the Constitution – they couldn't have meant
that.
We must be guided by the Original Intent of the Founders
and their perspective in what they defeated and how they wanted to prevent its
recurring in the new nation: their solution was to prevent future abuses of the
law by declaring the citizen as supreme authority and to back that authority
with force. The Original Intent of the Founders was not for only their time, but
for survival of the nation for all time.
Today, the exquisite example of
abuse of due process is in the use of Crime as an excuse to further and further
disarm all via gun control policy, and this cannot stand. Any effort to disarm
Americans is to disarm the supreme authority of the nation, which is the People,
not public servant executives. Gun control policy is adverse to public interest
because it obfuscates citizen authority to act when facing grave danger alone,
and cultivates dependency on those executives for increased government burden.
Independence in supreme authority impeaches gun control policy and
dependency on agencies, which has acted only to the detriment of the American
people.
© 2007 - John Longenecker
- All Rights Reserved John Longenecker is
author of The Case For Nationwide
Concealed Carry Of Handguns, available
worldwide. He is CEO of the Good For The
Country Foundation, a patriotic think
tank examining policies adverse to the public interest. See
www.GoodForTheCountry.org/agenda.html
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