Saturday, June 15, 2013

Nothing is more absurd than the claim that the creature is above the creator.

   The Right to Armed Self-Defense preexisted the Constitution of the United States. And was held by the colonial Americans as a birth-right. And this sentiment remained after the colonies formed themselves into independent states. It still remains the inalienable natural right of all free people in the United States to have arms for their own individual defense. To Wit:

English Bill of Rights 1689
"An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown

"Whereas the Lords Spiritual and Temporal and Commons assembled at Westminster, lawfully, fully and freely representing all the estates of the people of this realm, did upon the thirteenth day of February in the year of our Lord one thousand six hundred eighty-eight [old style date] present unto their Majesties, then called and known by the names and style of William and Mary, prince and princess of Orange, being present in their proper persons, a certain declaration in writing made by the said Lords and Commons in the words following, viz.: . . ."

". . .That the subjects which are Protestants may have arms for their defence suitable to their conditions and as allowed by law; ..."

   The above fact was expounded upon by the eminent jurist Mr. William Blackstone in the following:

Self defense is justly called the primary law of nature, so it is not, neither can it be in fact, taken away by the laws of society.”--William Blackstone, Commentaries on the Laws of England, 1765–1769.

“5. The fifth and last auxiliary right of the subject, that I shall at present mention, is that of having arms for their defense, suitable to their condition and degree, and such as are allowed by law. Which is also declared by the same statute . . . and is indeed a public allowance, under due restrictions, of the natural right of resistance and self-preservation, when the sanctions of society and laws are found insufficient to restrain the violence of oppression.

“To vindicate the three primary rights, when actually violated or attacked, the subjects of England are entitled, in the first place, to the regular administration and free course of justice in the courts of law; next, to the right of petitioning the king and parliament for redress of grievances; and, lastly, to the right of having and using arms for self-preservation and defence.”--William Blackstone, Commentaries on the Laws of England, 1765–1769.

"Those rights, then, which God and nature have established, and are therefore called natural rights, such as are life and liberty, need not the aid of human laws to be more effectually invested in every man than they are; neither do they receive any additional strength when declared by the municipal [or state] laws to be inviolable. On the contrary, no human legislation has power to abridge or destroy them...."--William Blackstone, Commentaries on the Laws of England, 1765–1769.

   A notable commentator, that used to be quoted in early U.S. Supreme Court decisions, expanded the [American] right more broadly. To Wit:

"The right of the people to keep and bear arms shall not be infringed, and this without any qualification as to their condition or degree, as is the case in the British government...."

"....This may be considered as the true palladium of liberty....The right of self-defense is the first law of nature; in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Whenever standing armies are kept up, and the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction."

"...In America we may reasonably hope that the people will never cease to regard the right of keeping and bearing arms as the surest pledge of their liberty..."

- St. George Tucker, Blackstone's Commentaries,(1803). (Mr. Tucker was a Lawyer and Professor of law at the College of William and Mary. He was appointed to be one of the committee to revise the laws of Virginia, and he served with James Madison and Edmund Randolph as Virginia commissioners to the Annapolis Convention. Mr. Tucker had attended the debates concerning the new United States Constitution and Bill of Rights. In 1803 Tucker became a judge of the highest court in Virginia. In 1813 he was appointed by President James Madison to be the United States district judge for Virginia. Tucker also, as District Court judge, sat with Chief Justice John Marshall on the U.S. Circuit Court in Richmond).

   Considering Mr. Tuckers credentials and qualifications, one has to wonder why the more recent U.S. Supreme Court has arbitrarily dismissed his authoritative commentary. For Mr. Tucker had sat on the bench with one of the most famous U.S. Supreme Court Chief Justices' of all time after all.

   In addition, the right to armed Self-Defense had been recognized and secured by some of the new states formed after the Revolution:

North Carolina: 1776: "That the people have a right to bear arms, for the defence of the State; and, as standing armies, in time of peace, are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by, the civil power." Bill of Rights, § XVII.

Pennsylvania: 1776: That the people have a right to bear arms for the defence of themselves and the state; and as standing armies in the time of peace are dangerous to liberty, they ought not to be kept up; And that the military should be kept under strict subordination, to, and governed by, the civil power. Declaration of Rights, cl. XIII.

Vermont: That the people have a right to bear arms for the defence of themselves and the State -- and as standing armies in time of peace are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to and governed by the civil power. Ch. I, art. 16 (enacted 1777, ch. I, art. 15).

   That the rest of the newly formed states had not expressly recognized the right to armed self-defense in their Constitutions is by no means unusual. For it was considered, as Mr. Jefferson had put it; “Self-evident”. As is evidenced by the lack of appearance in the United States Constitution as well. However, our first President had clearly recognized the right:

"That no man should scruple, or hesitate a moment to use arms in defense of so valuable a blessing [as liberty], on which all the good and evil of life depends; is clearly my opinion; yet Arms...should be the last resort."--George Washington, 1789 letter to George Mason. [The True George Washington, 10th Ed. By Paul Leicester Ford.]

   The right to armed Self-Defense is in no wise dependent upon Article II of amendment to the United States Constitution. Which on its face is intended for the “common defense”. Although there is abundant historical evidence that the right of self-defense was intended to be secured by it. To Wit:

"Also, the conditions and circumstances of the period require a finding that while the stated purpose of the right to arms was to secure a well-regulated militia, the right to self-defense was assumed by the Framers."--Chief Justice John Marshall, U.S. Supreme Court. [As quoted in Nunn v. State, 1 Ga. 243, 251 (1846); State v. Dawson, 272 N.C. 535, 159 S.E.2d 1, 9 (1968).]

"From among the rights retained by our policy, we have selected those of self defence or bearing arms, of conscience, and of free inquiry, for two purposes; one, to shew the vast superiority of our policy, in being able to keep natural rights necessary for liberty and happiness, out of the hands of governments; the other, to shew that this ability is the effect of its principles, and beyond the reach of Mr. Adams’s system, or of any other, unable to reserve to the people, and to withhold from governments, a variety of rights."--John Taylor, Revolutionary Soldier and U.S. Senator, (1792 – 94, 1803, 1822 – 24). [An Inquiry into the Principles and Policy of the Government of the United States: Section the Sixth; THE GOOD MORAL PRINCIPLES OF THE GOVERNMENT OF THE UNITED STATES, (1814).]

   But as a further precaution against government intrusion upon that right. It was withheld two more times in the first ten articles of amendment. And this, from ALL government intrusion; federal, state, or municipal. To Wit:

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

   The “state” is nothing more than a composition of all it's individual parts; We The People. Just as the United States is nothing more than a mass composition of the entities found in the various “states”. Which are also; We The People. The composition can be no greater than those which composed it; We The People. Removal or alteration of even one of the parts of the composition, renders the remaining weakened and insecure. As shown by one of our first Justices of the U.S. Supreme Court here:

"Unless the people are considered in these two views, we shall never be able to understand the principle on which this system was constructed. I view the states as made for the people, as well as by them, and not the people as made for the states; the people, therefore, have a right, whilst enjoying the undeniable powers of society, to form either a general government, or state governments, in what manner they please, or to accommodate them to one another, and by this means preserve them all. This, I say, is the inherent and unalienable right of the people; and as an illustration of it, I beg to read a few words from the Declaration of Independence, made by the representatives of the United States, and recognized by the whole Union.

"We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness; that, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that, whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and institute new government, laying its foundation on such principles, and organizing its powers in such forms, as to them shall seem most likely to effect their safety and happiness."

"This is the broad basis on which our independence was placed: on the same certain and solid foundation this system is erected...."

"...The power and business of the state legislatures relate to the great objects of life, liberty and property; the same are also objects of the general government."

"...It is laid before the citizens of the United States, unfettered by restraint; it is laid before them to be judged by the natural, civil, and political rights of men. By their fiat, it will become of value and authority; without it, it will never receive the character of authenticity and power...."

- James Wilson, Dec. 4, 1787. The debates in the Several State Conventions. [Elliot's Debates, Volume 2] (Mr. Wilson signed the Declaration of Independence and the U.S. Constitution, was a delegate to the Constitutional Convention, and later a U.S. Supreme Court Justice).

And Mr. Wilson's assertions are validated by Mr. Madison here:

"... Among the lesser criticisms which have been exercised on the Constitution, it has been remarked that the validity of engagements ought to have been asserted in favor of the United States, as well as against them; and in the spirit which usually characterizes little critics, the omission has been transformed and magnified into a plot against the national rights. The authors of this discovery may be told, what few others need to be informed of, that as engagements are in their nature reciprocal, an assertion of their validity on one side, necessarily involves a validity on the other side; and that as the article is merely declaratory, the establishment of the principle in one case is sufficient for every case. They may be further told, that every constitution must limit its precautions to dangers that are not altogether imaginary; and that no real danger can exist that the government would dare, with, or even without, this constitutional declaration before it, to remit the debts justly due to the public, on the pretext here condemned.

"8. "To provide for amendments to be ratified by three fourths of the States under two exceptions only."

"That useful alterations will be suggested by experience, could not but be foreseen. It was requisite, therefore, that a mode for introducing them should be provided. The mode preferred by the convention seems to be stamped with every mark of propriety. It guards equally against that extreme facility, which would render the Constitution too mutable; and that extreme difficulty, which might perpetuate its discovered faults. It, moreover, equally enables the general and the State governments to originate the amendment of errors, as they may be pointed out by the experience on one side, or on the other. The exception in favor of the equality of suffrage in the Senate, was probably meant as a palladium to the residuary sovereignty of the States, implied and secured by that principle of representation in one branch of the legislature; and was probably insisted on by the States particularly attached to that equality. The other exception must have been admitted on the same considerations which produced the privilege defended by it.

"9. "The ratification of the conventions of nine States shall be sufficient for the establishment of this Constitution between the States, ratifying the same."

"This article speaks for itself. The express authority of the people alone could give due validity to the Constitution. To have required the unanimous ratification of the thirteen States, would have subjected the essential interests of the whole to the caprice or corruption of a single member. It would have marked a want of foresight in the convention, which our own experience would have rendered inexcusable.

"Two questions of a very delicate nature present themselves on this occasion: 1. On what principle the Confederation, which stands in the solemn form of a compact among the States, can be superseded without the unanimous consent of the parties to it? 2. What relation is to subsist between the nine or more States ratifying the Constitution, and the remaining few who do not become parties to it?

"The first question is answered at once by recurring to the absolute necessity of the case; to the great principle of self-preservation; to the transcendent law of nature and of nature's God, which declares that the safety and happiness of society are the objects at which all political institutions aim, and to which all such institutions must be sacrificed. Perhaps, also, an answer may be found without searching beyond the principles of the compact itself. It has been heretofore noted among the defects of the Confederation, that in many of the States it had received no higher sanction than a mere legislative ratification. The principle of reciprocality seems to require that its obligation on the other States should be reduced to the same standard. A compact between independent sovereigns, founded on ordinary acts of legislative authority, can pretend to no higher validity than a league or treaty between the parties. It is an established doctrine on the subject of treaties, that all the articles are mutually conditions of each other; that a breach of any one article is a breach of the whole treaty; and that a breach, committed by either of the parties, absolves the others, and authorizes them, if they please, to pronounce the compact violated and void. Should it unhappily be necessary to appeal to these delicate truths for a justification for dispensing with the consent of particular States to a dissolution of the federal pact, will not the complaining parties find it a difficult task to answer the multiplied and important infractions with which they may be confronted? The time has been when it was incumbent on us all to veil the ideas which this paragraph exhibits. The scene is now changed, and with it the part which the same motives dictate.

"The second question is not less delicate; and the flattering prospect of its being merely hypothetical forbids an overcurious discussion of it. It is one of those cases which must be left to provide for itself. In general, it may be observed, that although no political relation can subsist between the assenting and dissenting States, yet the moral relations will remain uncancelled. The claims of justice, both on one side and on the other, will be in force, and must be fulfilled; the rights of humanity must in all cases be duly and mutually respected; whilst considerations of a common interest, and, above all, the remembrance of the endearing scenes which are past, and the anticipation of a speedy triumph over the obstacles to reunion, will, it is hoped, not urge in vain moderation on one side, and prudence on the other.
PUBLIUS"----James Madison, The Federalist No. 43, Independent Journal, Wednesday, January 23, 1788.

   The people in our governments are not our 'masters'. Rather, they are nothing more than our hired servants. The servant does not tell their master what the masters rights are. The masters tell the servants what the masters rights are. And one of the main specific duties of the hired servants. Is to “secure the blessings of liberty” for their masters. And as we have seen from the words of Mr. Jefferson, quoted above; “whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it”. . . .

   To further advance the validity of the contention that the right to armed Self-Defense is reserved and inalienable. The following quotations from the Federalist are submitted:

"If the representatives of the people betray their constituents, there is then no resource left but in the exertion of that original right of self-defense which is paramount to all positive forms of government . . . The citizens must rush tumultuously to arms..."--Alexander Hamilton, The Federalist Papers No. 28, Independent Journal, Friday, December 26, 1787.

"...Nothing need be said to illustrate the importance of the prohibition of titles of nobility. This may truly be denominated the corner-stone of republican government; for so long as they are excluded, there can never be serious danger that the government will be any other than that of the people.

“To the second that is, to the pretended establishment of the common and state law by the Constitution, I answer, that they are expressly made subject "to such alterations and provisions as the legislature shall from time to time make concerning the same." They are therefore at any moment liable to repeal by the ordinary legislative power, and of course have no constitutional sanction. The only use of the declaration was to recognize the ancient law and to remove doubts which might have been occasioned by the Revolution. This consequently can be considered as no part of a declaration of rights, which under our constitutions must be intended as limitations of the power of the government itself.

“It has been several times truly remarked that bills of rights are, in their origin, stipulations between kings and their subjects, abridgements of prerogative in favor of privilege, reservations of rights not surrendered to the prince. Such was MAGNA CHARTA, obtained by the barons, sword in hand, from King John. Such were the subsequent confirmations of that charter by succeeding princes. Such was the Petition of Right assented to by Charles I., in the beginning of his reign. Such, also, was the Declaration of Right presented by the Lords and Commons to the Prince of Orange in 1688, and afterwards thrown into the form of an act of parliament called the Bill of Rights. It is evident, therefore, that, according to their primitive signification, they have no application to constitutions professedly founded upon the power of the people, and executed by their immediate representatives and servants. Here, in strictness, the people surrender nothing; and as they retain every thing they have no need of particular reservations. "WE, THE PEOPLE of the United States, to secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America." Here is a better recognition of popular rights, than volumes of those aphorisms which make the principal figure in several of our State bills of rights, and which would sound much better in a treatise of ethics than in a constitution of government.

“But a minute detail of particular rights is certainly far less applicable to a Constitution like that under consideration, which is merely intended to regulate the general political interests of the nation, than to a constitution which has the regulation of every species of personal and private concerns. If, therefore, the loud clamors against the plan of the convention, on this score, are well founded, no epithets of reprobation will be too strong for the constitution of this State. But the truth is, that both of them contain all which, in relation to their objects, is reasonably to be desired.

“I go further, and affirm that bills of rights, in the sense and to the extent in which they are contended for, are not only unnecessary in the proposed Constitution, but would even be dangerous. They would contain various exceptions to powers not granted; and, on this very account, would afford a colorable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do? Why, for instance, should it be said that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed? I will not contend that such a provision would confer a regulating power; but it is evident that it would furnish, to men disposed to usurp, a plausible pretense for claiming that power. They might urge with a semblance of reason, that the Constitution ought not to be charged with the absurdity of providing against the abuse of an authority which was not given, and that the provision against restraining the liberty of the press afforded a clear implication, that a power to prescribe proper regulations concerning it was intended to be vested in the national government. This may serve as a specimen of the numerous handles which would be given to the doctrine of constructive powers, by the indulgence of an injudicious zeal for bills of rights.

“On the subject of the liberty of the press, as much as has been said, I cannot forbear adding a remark or two: in the first place, I observe, that there is not a syllable concerning it in the constitution of this State; in the next, I contend, that whatever has been said about it in that of any other State, amounts to nothing. What signifies a declaration, that "the liberty of the press shall be inviolably preserved"? What is the liberty of the press? Who can give it any definition which would not leave the utmost latitude for evasion? I hold it to be impracticable; and from this I infer, that its security, whatever fine declarations may be inserted in any constitution respecting it, must altogether depend on public opinion, and on the general spirit of the people and of the government. And here, after all, as is intimated upon another occasion, must we seek for the only solid basis of all our rights.
“There remains but one other view of this matter to conclude the point. The truth is, after all the declamations we have heard, that the Constitution is itself, in every rational sense, and to every useful purpose, A BILL OF RIGHTS. The several bills of rights in Great Britain form its Constitution, and conversely the constitution of each State is its bill of rights. And the proposed Constitution, if adopted, will be the bill of rights of the Union. Is it one object of a bill of rights to declare and specify the political privileges of the citizens in the structure and administration of the government? This is done in the most ample and precise manner in the plan of the convention; comprehending various precautions for the public security, which are not to be found in any of the State constitutions. Is another object of a bill of rights to define certain immunities and modes of proceeding, which are relative to personal and private concerns? This we have seen has also been attended to, in a variety of cases, in the same plan. Adverting therefore to the substantial meaning of a bill of rights, it is absurd to allege that it is not to be found in the work of the convention. It may be said that it does not go far enough, though it will not be easy to make this appear; but it can with no propriety be contended that there is no such thing. It certainly must be immaterial what mode is observed as to the order of declaring the rights of the citizens, if they are to be found in any part of the instrument which establishes the government. And hence it must be apparent, that much of what has been said on this subject rests merely on verbal and nominal distinctions, entirely foreign from the substance of the thing."-- Alexander Hamilton, Federalist No 84, Independent Journal, Wednesday, July 16, Saturday, July 26, Saturday, August 9, 1788.

    Thus we see that the federal government has clearly and grossly overstepped the bounds We The People imposed upon it. And has tyrannically usurped authority and powers not delegated to it. In addition, the federal government has failed in the duty to ensure that all American citizens have their right to armed self-defense secured against state and municipal encroachments. That being the facts, We The People are under no obligation to obey unconstitutional dictates. To Wit:

"No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid."--Alexander Hamilton, Federalist No. 78, Independent Journal, Saturday, June 14, 1788.

"Those then who controvert the principle that the Constitution is to be considered, in court as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the Constitution, and see only law.

"This doctrine would subvert the very foundation of all written Constitutions . . . It would be giving to the legislature a practical and real omnipotence, with the same breath, which professes to restrict their powers within narrow limits. It is prescribing limits, and declaring that those limits may be passed at pleasure.

"That it thus reduces to nothing what we have deemed the greatest improvement on political institutions--a written Constitution--would of itself be sufficient, in America, where written Constitutions have been viewed with so much reverence, for rejecting the Constitution."

"All laws which are repugnant to the Constitution, are null and void."--Chief Justice Marshall, U.S. Supreme Court, Marbury v. Madison, 5, U.S. (Cranch) 137, 174,176.]

"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them."--Miranda vs. Arizona, U.S. Supreme Court, 384 US 436, 491, (1966).

    There is no record anywhere that We The People have ever, or ever intended to, relinquish this right to any of our governments which we established. For it is a right that can never be surrendered or abrogated. The only time this right can even be lawfully restricted. Is when being punished; imprisoned by a lawfully imposed sentence, for crime(s) committed. The government is then charged with providing for the defense of the prisoner while in their custody. (I'm sure we've all heard just how well that works out on many occasions). But even then, the right of Self-Defense is by no means wholly surrendered. However, the most expedient mean of defense; firearms, is removed while imprisoned for obvious and valid reasons. Once the sentence has been served, the right to Self-Defense is restored in full. For to contend anything to the contrary, would be to advocate for “cruel and unusual punishment”.

    And all of the above applies to ALL of our rights. Not just the right to armed self-defense. Our hired servants have been steadily encroaching upon a number of our rights for decades now. And they have been stepping up the pace of their tyrannical usurpations of late. If We The People do not stop them, then it is clear they will erode them all.

    Nothing is more absurd than the claim that the creature is above the creator. It is way past high time, that We The People, which are the “legitimate” and “ultimate authority”. To force our hired servants back into their Constitutionally imposed boundaries. Failure to do so will inevitably lead to enslavement, and or death. Many times in the past, it has been “death” by the MILLIONS. For tyranny knows no bounds. And history provides abundant examples of the end results of tyrannical governments. We owe it not only to the memory of those that sacrificed their blood, sweat, and tears for us in the past. But to ourselves and our posterity as well.

No comments: