Archive for the ‘James Madison’ Category

Practical Aspects of Gun Control, Part 4

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Having reviewed the cultural and historical aspects of gun control, we turn now in this edition to the moral aspect.

3          The Moral Aspect

In considering the moral aspect of citizen disarmament, commonly called “gun control”, it is helpful to return once again to English jurist William Blackstone [1]:

In these several articles consist the rights, or, as they are frequently termed, the liberties of Englishmen: liberties, more generally talked of than thoroughly understood; and yet highly necessary to be perfectly known and considered by every man of rank or property, lest his ignorance of the points whereon they are founded should hurry him into faction and licentiousness on the one hand, or a pusillanimous indifference and criminal submission on the other.  And we have seen that these rights consist, primarily, in the free enjoyment of personal security, of personal liberty, and of private property.  So long as these remain inviolate, the subject is perfectly free; for every species of compulsive tyranny and oppression must act in opposition to one or the other of these rights, having no other object upon which it can possibly be employed.  To preserve them from violation, it is necessary that the constitution of parliament be supported in its full vigor; and limits, certainly known, be set to the royal prerogative.  And, lastly, to vindicate these 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 defense.  And all these rights and liberties it is our birthright to enjoy entire; unless where the laws of our country have laid them under necessary restraints.  Restraints in themselves so gentle and moderate, as will appear upon further inquiry, that no man of sense of probity would wish to see them slackened.  For all of us have in our choice to do every good thing that a good man would desire to do; and are restrained from nothing, but what would be pernicious either to ourselves or to our fellow-citizens.

So it is that every citizen is to be aware of his rights to life, liberty, and property, and at the risk of being both a coward and traitor to freedom and posterity, be prepared with arms to defend those freedoms should the government fail to perform its duties to preserve them.  But what about those “necessary restraints” that Mr. Blackstone refers to — doesn’t “gun control” fall under the category of “gentle and moderate” restrictions conducive to the happiness of the people?  No.  Gun control is quite the opposite: it is the means by which you, the citizen, are turned into a helpless dependent subject because it removes the ultimate restraint upon the power of governments and criminals alike. It is the means by which you, the citizen, are convinced that your life, liberty, and property are not worth fighting for; and you should leave that to the professionals, since you might get hurt and not be able to pay taxes.  It is the means by which your moral compass is forced to always point toward the government, begging them to save you; or maybe worse, subordinate yourself to the whims of some gang of professional criminals.

Is it moral to leave people in situations where the police are not available or cannot be of use, such as Hurricane Katrina or Hurricane Sandy, the LA riots after the O. J. Simpson verdict, or the many riots that took place in the 1960′s, including most major cities?  The police have not signed up to protect you from everything.  The police generally do a fine job, but their task is to investigate crimes after they have occurred, make arrests in accordance with the evidence, and thus bring the suspect into the justice system.  The judicial system may limit the future actions of criminals, but have no effect on the crime that is about to happen.  You, as a moral agent, are responsible for your own safety.  In fact, the police are not legally obligated to protect you from anything, or even to show up when they are called, especially in those unusual times when the number of calls greatly exceeds the capacity of the system to respond.  Is it moral on your part to demand that the police risk their lives to defend yours?  The police do not sign up for responding to large-scale civil breakdown.  Many of the police in New Orleans fled to Baton Rouge during Katrina; many LAPD members fled to San Bernardino during the LA riots.  Rightfully so — they have families to look out for, which supersedes your needs and demands.  What if 9/11 had been a larger, more general attack in which the normal governance had broken down?  The criminals would have gone berserk, as they are always looking for an excuse.  History shows that you will be on your own. The National Guard troops were in their barracks by sundown during the LA riots; during Katrina they actually disarmed the citizens, leaving them easy prey for the gangs.

Politicians are always protected by bodyguards with high-capacity weapons — this is more than hypocrisy; it is immorality of the highest order: no moral government would permit its employees to arrogate an exemption for themselves while requiring the common people to go about unarmed.  Recall that all legislative authority is vested in the Congress; consider now the words of James Madison in The Federalist Papers #57:

I will add, as a fifth circumstance in the situation of the House of Representatives, restraining them from oppressive measures, that they can make no law which will not have its full operation on themselves and their friends, as well as the great mass of society.  This has always been deemed one of the strongest bonds by which human policy can connect the rulers and people together.  It creates between them that communion of interests and sympathy of sentiments of which few governments have furnished examples; but without which every government degenerates into tyranny.  If it be asked what is to restrain the House of Representatives from making legal discriminations in favor of themselves and a particular class of the society?  I answer: the genius of the whole system; the nature of just and constitutional laws, and the manly spirit which actuates the people of America– a spirit which nourishes freedom, and in return is nourished by it.

The same principle applies at the state and local government levels.  How can a just government exempt itself from its own laws?  But yet it is evident that “We the People” have failed to enforce this dictum upon our politicians; we see at every turn numerous exemptions to the laws created for the benefit of politicians, bureaucrats and their associates.  It is especially evident in the gun laws: our (allegedly) morally-superior government employees parade the streets with taxpayer-paid (supposedly) morally-superior bodyguards, while the people are forced by law to remain defenseless at all times and in all places.

Vice President Joe Biden took the time recently to look down his nose and lecture us lowlifes that we only need a double-barrel shotgun for self-defense, even at home.  I wonder what type of weapons, containing how many rounds, and of what type, his Secret Service detail carries with them when protecting him, even in his home.

Senator Joe Manchin (D-WV) recently released a video claiming “that no one is going to take my guns away”.  He’s right — no one is going to take his guns away because he is a member of the (allegedly) morally-superior ruling elite.  He will have access to all the guns and ammunition he wants for the rest of his life, and so will all his friends and family for all of their lives.  It will be interesting to see what Senator Manchin thinks of you and your rights in the upcoming disarmament votes in Congress.

When the government is armed and the people are not, one has tyranny; when the people are armed and the government is not, one has anarchy; in America, both are armed, wary of each other, and each side is able to suppress the worst instincts of the other.  But our modern politicians do not like the idea of any challenges to their quest for arbitrary power.

Criminals know two things: a) they will always be able to get a gun, no matter what the law is; and b) they are likely to get shot by their intended victims if those intended victims have guns.  It is evident that criminals always favor gun control for the same reasons the politicians do: it has no effect upon their livelihood and makes their job easier.  Conversely, armed people don’t have to take any crap from criminals or from governments.  It is immoral to be afraid of criminals, but yet that is what our government demands.  The reason they demand it is simple: the government needs the existence of large criminal networks to justify part of its existence, and it also helps keep the people in fear.

We commonly hear arguments that “one doesn’t need a semi-automatic rifle” since the Second Amendment was written during a time when only muzzle-loading muskets were available.  But exactly the same argument could be made about radio, TV talk shows, and internet sites, since only newspapers existed when the First Amendment was written.  I would be curious to know, given their self-appointed superior moral righteousness, what part of the First Amendment is the mainstream media willing to give up in order to reduce the incidence of libel, defamation of character, and slander?

“We the People” would do well to recall the words of Alexander Hamilton in The Federalist #78:

There is no position which depends on clearer principles that that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void.  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.

The U. S. Constitution clearly states that the right the people to keep and bear arms shall not be infringed; and every state and local officer swears an oath to also uphold the federal Constitution.  Under what pretended morality do they claim power to do what is prohibited by their oath?  Or carve out exemptions to the laws for themselves?  Or tell us that we are not morally suitable to possess the tools necessary to take care of ourselves should the need arise?

[1]        William Blackstone, Commentary on the Laws of England, 1765, Book 1, Chap. 1, pp. 144, 145

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Practical Aspects of Gun Control, Part 3

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Dear readers:

This post is available only as a pdf owing to its considerable length.  It continues the examination of the historical aspect of gun control, focusing on the true extent and meaning of the Second Amendment.

Thanks for reading.

EDD

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A Free Reprint of The Federalist Papers

FederalistPapersReprint   <== FREE PDF reprint of The Federalist Papers

24 Nov 2011

Dear Readers:

The Federalist Papers are a series of 85 essays by James Madison, Alexander Hamilton, and John Jay published from the fall of 1787 to the spring of 1788.  Their purpose was to explain and defend the newly-crafted U. S. Constitution (intended to supercede the Articles of Confederation)  during the ratification debate in New York.  In the course of these essays, these three founding fathers discuss the philosophy of limited government with necessary powers, the separation of powers between the states and the federal government, and how these were implemented in the Constitution.

It is important for those who believe in limited government to read and understand the Federalist Papers.  They are as relevant today as they ever were.  Page 2 of the reprint (available in pdf only due to its length) contains a  commercial for a book that will help you understand it better; I hope you will consider that too.

The Federalist is in the public domain, and there is nothing copyrighted in this reprint.  Please distribute it as you see fit.

Thanks for reading,

Ed Duvall

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The Defects of the Articles of Confederation, Part 13

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It was only a week after the Declaration of Independence that a committee in the Continental Congress reported out an initial plan for organizing a confederation of the states to be united in the effort against Great Britain.  Although reported out of this committee on 12 Jul 1776, it could have no practical effect until the members of Congress agreed to all of its terms and proposed it to the states.  This was a sensible approach, given that the Articles represented a purely federal system, that is, a compact between states in their sovereign capacity.  Congress debated these for nearly 18 months; on 15 Nov 1777, having reached agreement on the terms thereof, a letter dated 17 Nov 1777 was sent to every state, asking those states to ratify the Articles.  The legislatures of eight states passed legislation in the next 6 months by which their delegates to Congress were authorized to approve the Articles.  The delegates from those states (New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, Pennsylvania, Virginia, and South Carolina) formally ratified the Articles on 9 Jul 1778.  The provision is contained in Article XIII:

Article XIII.  Every State shall abide by the determinations of theUnited States, in Congress assembled, on all questions which by this Confederation are submitted to them. And the Articles of this Confederation shall be inviolably observed by every State, and the Union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them, unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the legislatures of every State.

            And whereas it hath pleased the great Governor of the world to incline the hearts of the legislatures we respectively represent in Congress to approve of, and to authorize us to ratify the said Articles of Confederation and perpetual Union, Know ye, that we, the undersigned delegates, by virtue of the power and authority to us given for that purpose, do, by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said Articles of Confederation and perpetual Union, and all and singular the matters and things therein contained.  And we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the United States, in Congress assembled, on all questions which by the said Confederation are submitted to them; and that the Articles thereof shall be inviolably observed by the States we respectively represent, and that the Union shall be perpetual.  Done at Philadelphia, in the State of Pennsylvania, the ninth day of July, in the year of our Lord 1778, and in the third year of the Independence of America.

But the Articles did not contain a provision by which it would go into effect for those states that ratified it; the intent was that all 13 states were to be united in the war effort.  Therefore, the Articles did not formally go into effect until 2 Mar 1781, the day after Maryland’s legislature ratified the Articles.  This unanimous requirement for both ratification and amendment proved to be a serious defect, as already cited in parts 9 and 12 of this series.

The framers of the Constitution were only too familiar with this difficulty, and made provision in the new Constitution by which it would go into effect if a certain number (two-thirds) of the then-existing states were to agree to it:

 [Article 7]:  The ratification of the conventions of nine States shall be sufficient for the establishment of this Constitution between the States so ratifying the same.

This may seem contrary to the Preamble in the Constitution, which states:

We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

How can it be said that the people established it, if in fact it required ratification by the states?  The answer lies in the fact that each state that ratified it did so at a ratifying convention called for that purpose in each state, and each delegate sent to it was tasked with representing the people of the state.  The U. S.Constitution is the founding document of a compound democratic republic established by republican means, that is, when the people are represented by those they trust, and accept the results of a  vote of the specified majority.  In this way, although the representatives cast their votes directly, those votes matter only because the full weight of the people’s confidence is behind them.

James Madison, writing in The Federalist #40, discussed the objections of some who were opposed to the Constitution on the grounds that agreement of all thirteen states should be required before it should go into effect. Madison simply noted that the critics had avoided the fact that unanimity on ratification would be a form of minority rule:

It is worthy of remark that this objection, though the most plausible, has been the least urged in the publications which have swarmed against the convention.  The forbearance can only have proceeded from an irresistible conviction of the absurdity of subjecting the fate of twelve States to the perverseness or corruption of a thirteenth; from the example of inflexible opposition given by a majority of one sixtieth of the people of America to a measure approved and called for by the voice of twelve States, comprising fifty-nine sixtieths of the people — an example still fresh in the memory and indignation of every citizen who has felt for the wounded honor and prosperity of his country.  As this objection, therefore, has been in a manner waived by those who have criticized the powers of the convention, I dismiss it without further observation.

The “example of inflexible opposition” referred to here was the refusal by the state of New Yorkto allow Congress (under the Articles) to impose an import duty in order to obtain a direct revenue source.

Madison addressed the method of ratification as called out in Article 7 directly in The Federalist No. 43:

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.

The provision in the Constitution was an improvement over the Articles in two ways: a) nine states could activate it without being held hostage to a minority of states; and b) it was ratified by conventions that represented the people, not just the state governments.

 

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