by: Michael Del Rosso
We are not sure what political philosophy CPD Chief Brackney believes, but we believe in the American Political Philosophy embodied in the Declaration of Independence, which is based upon principles of Liberty.
The current lineup of Democrat presidential candidates advocates various UN-AMERICAN political philosophies based upon the principles of Tyranny. Those opposing philosophies all look to disarm their own citizens, which led to over 100 million citizens murdered by their own governments the past century.
To put a little legal and historical clarity on this issue let’s take a quick look at Second Amendment rights by looking at the majority ruling of the first significant gun rights case to come down the pike in decades. The US Court of Appeals DC gun ban case, Parker versus The District of Columbia (now referred to as DC vs. Heller since it successfully made its way through the Supreme Court) decided March 9, 2007. This one paragraph (on page 46) in the majority opinion written by Senior Circuit Judge Laurence Silberman should be closely examined:
“To summarize, we conclude that the Second Amendment protects an individual right to keep and bear arms. That right existed prior to the formation of the new government under the Constitution and was premised on the private use of arms for activities such as hunting and self-defense, the latter being understood as resistance to either private lawlessness or the depredations of a tyrannical government (or a threat from abroad). In addition, the right to keep and bear arms had the important and salutary civic purpose of helping to preserve the citizen militia. The civic purpose was also a political expedient for the Federalists in the First Congress as it served, in part, to placate their Anti-federalist opponents. The individual right facilitated militia service by ensuring that citizens would not be barred from keeping the arms they would need when called forth for militia duty. Despite the importance of the Second Amendment’s civic purpose, however, the activities it protects are not limited to militia service, nor is an individual’s enjoyment of the right contingent upon his or her continued or intermittent enrollment in the militia.”
This is a powerful paragraph with significant claims:
- The right to keep and bear arms is an “individual right.”
- The “right existed prior to the formation of the new government under the Constitution.” This is no minor point. The Constitution does not give the citizens’ rights; it merely pledges to secure them and not interfere with them. The Declaration of Independence is the organic legal document (identified as such in US Code) which established the United States of America as a nation. It clearly states that in America individual rights come not from Government, but rather “men are … endowed by their Creator with certain unalienable Rights.” The fundamental purpose of our government and Constitution is also clearly stated: “to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.”
- The arms are for the citizen, not only for hunting and self-defense, but for use in armed resistance against “the depredations of a tyrannical government (or threat from abroad).” The power of this cannot be understated. The Constitution (and the complete historical record associated with its framing) clearly acknowledges that individual citizens possess the right to use firearms violently against the US Government if it should become tyrannical. None could deny that it would indeed be a horrible situation if domestic affairs degenerated to this condition. But the horror can be avoided not by disarming citizens, but by ensuring that our government does not become tyrannical.
- There are further implications to this. It goes to reason that if the citizen has a right to keep and bear arms needed to resist the contemporary military of a “tyrannical government (or threat from abroad),” the arms citizens need are modern military weapons, not muzzle loading muskets or even modern sporting firearms.
Michael Del Rosso is Chairman, Charlottesville Committee of the Republican Party of Virginia