Should the First Amendment of the Constitution
of the United States be interpreted to mean that freedom of the
press is "only a collective right? Should Congress, accordingly,
deny a license to publish to the Washington Post for its efforts
to restrict the rights of ordinary Americans? It's a bad idea,
of course, but the Washington Post wants the standard to apply
to the Second Amendment. It's time to award three more black
stars to its editorial board for Contempt of Constitution.
This is a critical year for the American
Bill of Rights. The U.S. Supreme Court is now considering a federal
appellate court ruling that the ban on handguns by the District
of Columbia is unconstitutional. The DC government and the Post
are among those of a "Progressive viewpoint throwing a fit
about the prospect of allowing law-abiding citizens to keep handguns
in their homes for self-defense. With that ban in place, DC has
long been one of the most violent cities in the country. Economist
John Lott has repeatedly proven that states with less restrictive
gun ownership laws have lower rates of violent crime. His logic
is impeccable. Criminals don,t obey gun control laws, so such
laws make them bolder by disarming the innocent.
Nevertheless, the Post's March 17 editorial
on the case arrogantly proclaims, "Not reflected in that
argument is what the rate for violent crimes would have been
had guns been even more plentiful on the streets of the nation's
capital. This is either sheer ignorance of Lott's studies or
willful contempt of truth. The latter is more likely. Over a
decade ago, a woman living in DC shot a criminal who broke into
her house with a handgun she kept hidden in her bedroom. DC authorities,
to avoid more publicity on this case, did not prosecute her for
violating the handgun ban.
The text of the Second Amendment is,
"A well regulated Militia, being necessary to the security
of a free State, the right of the people to keep and bear Arms,
shall not be infringed. Gun control advocates like the Post want
to use that reference to state militias to cancel the people's
right to keep and bear arms. The Post editorial says, "The
most direct path for victory for the District would come if the
justices conclude that the Constitution protects only a collective
right to bear arms.
This is nonsense. If the Second Amendment
does not contain any individual right to bear arms, it merely
restates the fact that governments are able to arm the military.
As the United States had already exercised that power to defeat
the British in the Revolutionary War, such an amendment was not
needed. That power was never in dispute.
What Americans did dispute in those days
was the need for a permanent or standing army. They expected
the states to be the cornerstone of national security, using
their militias, which consisted of all free males capable of
bearing arms.
Remember, the Declaration of Independence
did not create the United States. It declared the 13 American
colonies to be "Free and Independent States. The Articles
of Confederation, which formed and named the "United States
of America, specified that all powers not expressly delegated
to the Continental Congress remained with the states.
During the process of ratifying the Constitution,
the ratification documents either attached reservations, or requested
a Bill of Rights, or both, from (in chronological order) Massachusetts,
South Carolina, New Hampshire, Virginia, New York, North Carolina,
and Rhode Island. The last five of these states included a call
to protect the right to bear arms. Virginia's call for this right
restated its own Bill of Rights of 1776, when it said:
"That the people have a right to
keep and bear arms; that a well regulated Militia composed of
the body of the people trained to arms is the proper, natural
and safe defence [sic] of a free State. That standing armies
in time of peace are dangerous to liberty, and therefore ought
to be avoided, as far as the circumstances and protection of
the Community will admit; and that in all cases the military
should be under strict subordination to and governed by the Civil
power.
Note that Virginia placed the right to
keep and bear arms ahead of the need for a well-regulated militia
as the "natural and safe defense of a free State. The same
language was used by New York and Rhode Island.
Therefore, the Second Amendment refers
to the need of the free states of the Union to maintain militias
composed of free men with the right to keep and bear arms. This
fact negates the claim that the Second Amendment right of the
people to keep and bear arms is merely a "collective right
of the state to arm militias and armies. The militias, in the
view of the founders of our republic, are the alternative to
standing armies, which are a menace to liberty in times of peace.
The militia of a "free State, unlike an unfree state, relies
on a free people's right to bear arms.
That right, however, is also based upon
the Ninth Amendment. It says the government cannot deny nor disparage
other rights of the people merely because they are not listed
in the Constitution. Those unenumerated rights include the personal
right of self-defense.
This right is biblically based. The Gospel
of Luke reports this instruction of Jesus to the Apostles:
"But now, he who has a money bag,
let him take it, and likewise a knapsack; and he who has no sword,
let him sell his garment and buy one.
[The Apostles said] "Lord, look,
here are two swords.
And he said to them, "It is enough.
[Luke 22:36-38]
Three gold stars go to Robert Levy, the
attorney who organized the lawsuit the Supreme Court is now hearing
on Second Amendment rights. Levy's motive is also golden "I
believe in the written Constitution and that the text ought to
be interpreted the way it was meant to be.
Give a constitutional gold star, among
others supporting the plaintiffs in this case, to 126 women legislators
and scholars, who submitted a brief to the U.S. Supreme Court
that includes this plain truth:
"The District's current prohibition
against handguns and immediately serviceable firearms in the
home effectively eliminates a woman's ability to defend her very
life and those of her children against violent attacks. Women
are simply less likely to be able to thwart violence using means
currently permitted under DC law.
Give the Washington Post credit for reporting
their argument.
The Post editorial also concedes, "The
argument for an individual right [to bear arms] has been gaining
legitimacy even outside conservative circles; some liberal legal
stalwarts have come to grudgingly accept the notion that the
framers of the Constitution meant to protect an individual's
right to own a gun. But it concludes, "If the [Supreme Court]
justices recognize an individual right, they can and should allow
lawmakers maximum flexibility to enact reasonable regulation.
In our view, that flexibility should include the District's law,
which is aimed at taking the most dangerous guns off the streets
of what was once one of the nation's most dangerous cities.
The Post dissembles. The DC law denies
its citizens even the right to keep a handgun at home. Indeed,
the lower federal court ruling would still allow strict gun controls
on DC streets, but would acknowledge the right of the people
to keep and bear arms to defend their homes. But why shouldn,t
law-abiding citizens be allowed to bear arms on the streets of
a city as dangerous as Washington, DC?
The Scorecard suggests readers send a
copy of the Ninth Amendment and, perhaps, a copy of the Virginia
Declaration of Rights, to the Post. They might even ask if the
Post would like the First Amendment rights to be considered as
only "collective rights so that publications like the Post
would have no personal right to make and sell newspapers and
magazines.