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).
"....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 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.
"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.
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