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Armed with facts: John Ashcroft's move on gun rights follows the Founders' lead
WORLD Magazine ^ | 5/25/02 | Cal Thomas

Posted on 05/20/2002 2:20:04 PM PDT by Caleb1411

Gun control advocates are upset over Attorney General John Ashcroft's declaration last week, outlined in a legal brief before the Supreme Court, that the Second Amendment to the Constitution protects an individual's right to keep and bear arms irrespective of any ties to a state militia.

Editorials in The New York Times and The Washington Post denounced Mr. Ashcroft as flying in the face of history and legal precedent. In fact, Mr. Ashcroft has the law and history on his side. Both have recognized not only an individual's right to keep and bear arms as a last defense against government tyranny, but in many cases, states have required citizens to own guns to protect their freedoms and deter criminals.

A reading of The Federalist papers, in which James Madison, Alexander Hamilton, and John Jay expand on the meaning of the Constitution, shows that the militia the Second Amendment refers to was to be comprised of armed private citizens. Madison wrote in Federalist Paper 46 that an armed citizen "forms a barrier against the enterprise of ambition," which the Founders understood from history and their "British oppressors" to be overreaching government.

In debate over the Constitution, Samuel Adams sought a guarantee in the Bill of Rights that "The said Constitution shall never be construed to authorize Congress to ... prevent the people of the United States who are peaceable citizens from keeping their own arms." At the Virginia Constitutional Convention, George Mason said Britain had plotted "to disarm the people-that was the best and most effective way to enslave them," while Patrick Henry noted, "The great object is that every man be armed.... Everyone who is able may have a gun."

Richard Henry Lee, a signer of the Declaration of Independence, proposed that "to preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use them."

Many believe the National Guard is the same as a state militia-a reserve force trained at federal expense for immediate service in the event of an emergency. But the militia of which the Founders spoke was something entirely different. They viewed an armed citizenry that could be mustered into a fighting force or used to defend the rights and property of the individual as a last defense against those who would deny such rights.

In 1982, the U.S. Senate Subcommittee on the Constitution published a carefully documented report on "The Right to Keep and Bear Arms," including a history of events leading to passage of the Second Amendment.

"The right to keep and bear arms as a part of English and American law antedates not only the Constitution, but also the discovery of firearms," the report notes. "Under the laws of Alfred the Great, whose reign began in a.d. 872, all English citizens from the nobility to the peasants were obliged to privately purchase weapons and be available for military duty. This was in sharp contrast to the feudal system as it evolved in Europe, under which armament and military duties were concentrated in the nobility." While many English rights were "abridged" over the centuries, the right to bear arms was mostly retained.

In 1623, Virginia forbade colonists to travel unless they were "well armed." In 1631, Virginians were required to engage in target practice on Sunday and "bring their peeces [sic] to church." By 1658, every Virginian was to have a firearm at home, and in 1673 state law said that a citizen who claimed he was too poor to buy a gun "could have one purchased for him by the government, which would then require him to pay a reasonable price when able to do so."

When Britain began to increase its military presence in the colonies, Massachusetts called on its citizens to arm themselves. One colonial newspaper argued that this was legal, citing Blackstone's commentaries on English law, which listed "having and using arms for self-preservation and defense" among the "absolute rights of individuals."

When New Hampshire cast the ninth vote needed for passage of the Constitution, it called for a Bill of Rights including the provision that "Congress shall never disarm any citizen unless such as are or have been in actual rebellion." The focus was on the law-breaker, not the law-abiding gun owner, who was seen as a defender of individual liberty and national freedom.

There is much more documented in the 1982 report (available through the Government Printing Office). Every citizen should read and study it, including editorial writers and the Supreme Court. Hard-won rights are not easily restored once they've been surrendered.


TOPICS: Constitution/Conservatism; Editorial; Government; News/Current Events
KEYWORDS: banglist; johnashcroft; secondamendment
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1 posted on 05/20/2002 2:20:05 PM PDT by Caleb1411
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To: bang_list
Disarming America fraud Michael Bellesiles take note...
2 posted on 05/20/2002 2:38:20 PM PDT by coloradan
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To: Caleb1411
For freedom....


3 posted on 05/20/2002 2:55:31 PM PDT by 45Auto
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To: Joe Brower
FYI Ping
4 posted on 05/20/2002 3:03:34 PM PDT by JulieRNR21
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To: Caleb1411
There is much more documented in the 1982 report (available through the Government Printing Office). Every citizen should read and study it

Please identify the document so we can obtain and read it. Thank you.

5 posted on 05/20/2002 3:34:46 PM PDT by J Jay
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To: J Jay
The web site according to the story by Cal Thomas that was in the Sunday edition of the Florida Times Union is, http://www.constitution.org/mil/rkba1982.htm
6 posted on 05/20/2002 3:48:03 PM PDT by Ferndina
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To: 45Auto
speachless...

Less see, it's right click, then set as wallpaper.

7 posted on 05/20/2002 3:52:49 PM PDT by Michael Barnes
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To: Caleb1411
The 1982 repost is here
8 posted on 05/20/2002 4:02:19 PM PDT by chainsaw
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To: Caleb1411
Cal Thomas does NOT arm us with two very important facts on the Ashcroft decisions position:

1]. -- ALL existing gun laws are to be enforced as written, and further 'regulations' are seen as feasible.

2]. -- The administration is opposed to the USSC review of Emerson, which could establish the 2nd as an individual right, as it is written, thus negating hundreds of federal & state laws that infringe the RKBA's.

9 posted on 05/20/2002 4:06:30 PM PDT by tpaine
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To: tpaine
Exactly. The administration does not want the US SC to define what is meant by "shall not be infringed".
10 posted on 05/20/2002 4:09:04 PM PDT by 45Auto
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To: tpaine
I for one, would like to see the USSC rule on the Emerson case. SCOTUS has been dodging the 2nd amendment since the Miller case.
11 posted on 05/20/2002 4:10:01 PM PDT by RichT
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To: unix
For modesty,


12 posted on 05/20/2002 4:12:15 PM PDT by 45Auto
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To: Caleb1411
Click here for an interesting look at what Madison proposed. In the original proposal it is very clear by the placement, grammar, and words that Madison believed in the individual right to bear arms James Madison Proposes the Bill of Rights to the House of Representatives
13 posted on 05/20/2002 4:17:09 PM PDT by Fzob
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To: 45Auto; RichT
Exactly. The administration does not want the US SC to define what is meant by "shall not be infringed".
10 posted by 45Auto

I for one, would like to see the USSC rule on the Emerson case. SCOTUS has been dodging the 2nd amendment since the Miller case.
11 posted by RichT

---------------------------

Yep, this is a slick political ploy to pacify us 'gun nuts' with high sounding rhetoric; ---
--- while the federal/state 'business as usual' gun grab continues.

14 posted on 05/20/2002 4:18:21 PM PDT by tpaine
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To: Caleb1411
This segment on NPR's "Talk of the Nation" was an interesting one. Among the guests were Prof. Eugene Volokh of UCLA and Prof. Akhil Amar of Yale. Amar made a comment that was particularly of interest. If I'm understanding him correctly, he holds that the original meaning of the 2nd Amendment is irrelevant. The 14th Amendment makes the right to keep and bear arms an individual one regardless of what the Founders' intentions were. (He also seemed to be agreeing with Volokh and others that the original intention was to preserve an individual right.)
15 posted on 05/20/2002 4:53:18 PM PDT by Redcloak
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To: J Jay
There is a copy of this document in PDF format on my website HERE as well as many other docs on RKBA.
16 posted on 05/20/2002 5:11:29 PM PDT by Joe Brower
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To: JulieRNR21
Thanks for the flag, Julie. This column appeared in Sunday's Sarasota Herald-Tribune, and as such was the first PRO-gun column they've published year to date, a fact I noted when I emailed our favorite editors, Tom Tryon and Rosemary Armao.

My letter ripping a new one in Bob Herbert's hit-piece from a week ago got printed, too, along with another pro-gun letter, which I was glad to see. Wendy Dial, letters editor of the SHT, seems like a good lady, although I'm sure she must bow to her masters when they deem it fit...


17 posted on 05/20/2002 5:14:52 PM PDT by Joe Brower
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To: 45Auto
What a great set of...arms!
18 posted on 05/20/2002 5:20:16 PM PDT by DakotaGator
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To: unix
I would imagine their...ugh...guns are plastic too.
19 posted on 05/20/2002 5:32:06 PM PDT by PistolPaknMama
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To: 45Auto
The blonde with the CAR is kinda cute!
20 posted on 05/20/2002 5:43:10 PM PDT by Don Carlos
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