Charles C. W. Cooke is a staff writer at National Review and the author of
“The Conservatarian Manifesto.”
When
debating the wisdom of the Constitution’s Second Amendment, the media
tends to start from the presumption that the question is purely
scientific, and that the answers can — and should — be derived from
statistical analyses and relentless experimentation. This approach is
mistaken.
The right of the people to keep and bear arms is not the
product of the latest research fads or exquisitely tortured “data
journalism,” but a natural extension of the Lockean principles on which
this country was founded. It must be protected as such.
The
Declaration of Independence presumes that all men enjoy certain
inalienable rights, among them “life” and “liberty.” Practically
speaking, at both the state level (as a bulwark against tyranny) and at
the individual level (as a means by which to protect oneself), this
necessitates the auxiliary right to the private ownership of “arms,” which, in the common law that preceded the Second Amendment, was understood to include personal weapons
that could be wielded by an individual — such as the “musket and
bayonet”; “sabre, holster pistols, and carbine”; and sundry “side arms.”
At
the time of the American founding, it was widely understood that there
was a real danger in a government’s attempting to deprive the people of
what Alexander Hamilton called their “original right of self-defense.”
This is why, when it came to writing the Constitution, the
anti-Federalists, who feared the government’s potential to become
corrupt, refused to sign on to a more powerful national government until
they had been promised certain explicit protections. Then, as now,
their logic was clear: It makes no sense to allow the representatives of
a free people to disarm their masters.
Reacting
to this argument, we often hear advocates of gun control propose that
the Founders’ observations are irrelevant because they could “not have
imagined the modern world.” I agree with the latter assertion: They
couldn’t have. As well-read in world history as they were, there is no
way that they could have foreseen just how prescient they were in insisting on harsh limitations of government power.
In their time, “tyranny” was comparatively soft
— their complaints focused on under-representation and the capricious
restriction of ancient rights. In the past century, by contrast, tyranny
involved the systematic execution of entire groups and the enslavement
of whole countries. The notion that if James Madison had foreseen the
20th century he would have concluded that the Bill of Rights was too
generous is laughable.
Nor
could the Founders have imagined the entrenched tyranny that would
arise in their own country. Washington, Jefferson, Madison and Company
were hypocrites, certainly — like so many at the time they spoke of
equality and liberty while indulging slavery — but the generation that
met at Philadelphia did at least consider that the institution would die
out peacefully. Instead, it was abolished only by bloody force, and
then transmuted into something almost as abhorrent.
Conservatives who are scared of tyrants often ask, “Could it happen here?” Well, it did. Jim Crow, the KKK, lynching, legal segregation — for a period, the South was everything a free man should fear. When Ida B. Wells noted
that “a Winchester rifle should have a place of honor in every black
home, and it should be used for that protection which the law refuses to
give,” she was confirming an age-old truth: The gun is a great
equalizer, and the state a capricious beast.
Does
everyone who uses a firearm to protect himself survive? Of course not.
But as a free man, I do not consider my inalienable rights to be
contingent upon my ability to exercise them successfully. I may debate
freely, even if I am destined to lose the argument. I may enjoy a jury
trial even if I am guilty. And I may defend my life and my liberty even
if I eventually succumb.
It
is from this understanding that all conversations must proceed. The
Second Amendment is not “old”; it is timeless. It is not “unclear”; it
is obvious. It is not “embarrassing”; it is fundamental. And, as much as
anything else, it is a vital indicator of the correct relationship
between the citizen and the state and a reminder of the unbreakable
sovereignty of the individual. Unless those calling for greater
restrictions learn to acknowledge this at the outset of any public
discussion, they will continue to get nowhere in their deliberations.
Believe it or not, this was posted at the Washington Post!
/gun
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