I originally started writing this as a reply to This article on Breitbart. But it became so long that I felt it needed a place in a better forum. This one.
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See, here’s what so many people get wrong about the First Amendment. You absolutely do have the right to cry “Fire” in a crowded theater.
And the authorities absolutely have the right, nay the duty, to hold you to accounts for the injury and damage incurred by your reckless act! Up to and including restitution and incarceration.
There is no infringement allowed for in the 1st, it just isn’t spelled out. In the days the Constitution was written, it was an accepted fact of life that a man was allowed to voice his opinion. If you disagreed, you said so and voiced your counter-opinion. If you could change the others’ mind, good for you. If you came to a mutual compromise, so much the better. But if you couldn’t, you did not have the right to attack the other in an attempt to silence them. Doing so might put your life in danger.
Which brings me to my second point. The right to self-defense.
I know I will get push-back for this statement, but hear me out: The 2nd Amendment is not about personal defense per se. It is about the citizens protecting themselves from a tyrannical government! The Founders knew that the American colonists had come to this new country to flee just that type of government, and had just finished fighting a horrific wear to get from under that government’s thumb!
2A was about loudly proclaiming “Never Again!” to the idea that a government could treat citizens as its chattel. In the Federalist Papers, which are called the bibliography of the Constitution, George Mason is quoted as saying, “I ask, sir, what is the militia? It is the whole of the people, except for a few public officials.” And “That the people have a right to mass and bear arms; that a well-regulated militia composed of the Body of the people, trained to arms, is the natural and safe defense of a free state…”
The right of the individual to defend themselves was so taken for granted as to be not even considered worthy to be included in the 2nd Amendment. OF COURSE a citizen had the right to defend themselves! It was as obvious as wearing clothes in public! There wasn’t a man, woman or post-pubescent child who didn’t carry at least a dagger or pocket knife at all times. Many men carried swords as part of their daily kit. And if not a sword, a walking stick/cane with a concealed blade. Outside the cities proper, every young man owned his own rifle. Mainly because hunting was his primary means of putting meat on the table, but it was always kept ready to use for defense of self and home from predators of the two and four-legged type.
That this administration is trying to say that the 2nd Amendment doesn’t apply to “weapons of war” is exactly the reason it was written in the first place. And it is proof that this government is attempting to become exactly the type of government it was written to protect We The People from.
4 replies on “Rights and the Amendments”
There is a bit of a misunderstanding there: To say you have the (natural) right to do something means that you can do it without being sanctioned. If the authorities can sanction you for doing it, it isn’t a right.
Unfortunately, that isn’t quite true. Defend yourself against a mugger in (The Formerly)Great Britain and you will be arrested. Defend your home against an armed intruder; go to jail. The same in Egypt, Saudi Arabia and other countries.
Your “natural right” to defend yourself is not recognized by the authorities in those countries. Does that mean that it doesn’t exist? Or that the authorities are denying you access to the rights ‘granted to you by nature and nature’s god’?
I think we agree; I was just a bit unclear. We would say that the legal right to defend yourself does not exist if the state can legally arrest you for doing so. Converting a natural right into a legal right is what the (extremely difficult) task of putting government back in a box is all about.
For every local and state and federal election, I think every person should first be required to take a written test on the Constitution of the United States and pass it with a minimum of 80% or they do NOT get to vote. Maybe even the same test that people who seek to become US citizens have to pass. There. I’ve fixed all our problems. Siiiigh. If only I ruled the world.