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Judge Napolitano
Judge Andrew P. Napolitano
24 Jul 2014
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Guns and Freedom

Comment

The right of the people to keep and bear arms is an extension of the natural right to self-defense and a hallmark of personal sovereignty. It is specifically insulated from governmental interference by the Constitution and has historically been the linchpin of resistance to tyranny. And yet, the progressives in both political parties stand ready to use the coercive power of the government to interfere with the exercise of that right by law-abiding persons because of the gross abuse of that right by some crazies in our midst.

When Thomas Jefferson wrote in the Declaration of Independence that we are endowed by our Creator with certain inalienable rights, he was marrying the nation at its birth to the ancient principles of the natural law that have animated the Judeo-Christian tradition in the West. Those principles have operated as a break on all governments that recognize them by enunciating the concept of natural rights.

As we have been created in the image and likeness of God the Father, we are perfectly free just as He is. Thus, the natural law teaches that our freedoms are pre-political and come from our humanity and not from the government, and as our humanity is ultimately divine in origin, the government, even by majority vote, cannot morally take natural rights away from us. A natural right is an area of individual human behavior — like thought, speech, worship, travel, self-defense, privacy, ownership and use of property, consensual personal intimacy — immune from government interference and for the exercise of which we don't need the government's permission.

The essence of humanity is freedom. Government — whether voted in peacefully or thrust upon us by force — is essentially the negation of freedom. Throughout the history of the world, people have achieved freedom when those in power have begrudgingly given it up. From the assassination of Julius Caesar to King John's forced signing of the Magna Carta, from the English Civil War to the triumph of the allies at the end of World War II, from the fall of Communism to the Arab Spring, governments have permitted so-called nobles and everyday folk to exercise more personal freedom as a result of their demands for it and their fighting for it. This constitutes power permitting liberty.

The American experience was the opposite. Here, each human being is sovereign, as the colonists were after the Revolution. Here, the delegation to the government of some sovereignty — the personal dominion over self — by each American permitted the government to have limited power in order to safeguard the liberties we retained. Stated differently, Americans gave up some limited personal freedom to the new government so it could have the authority and resources to protect the freedoms we retained. Individuals are sovereign in America, not the government. This constitutes liberty permitting power.

But we did not give up any natural rights; rather, we retained them. It is the choice of every individual whether to give them up. Neither our neighbors nor the government can make those choices for us, because we are all without the moral or legal authority to interfere with anyone else's natural rights.

Since the government derives all of its powers from the consent of the governed, and since we each lack the power to interfere with the natural rights of another, how could the government lawfully have that power? It doesn't. Were this not so, our rights would not be natural; they would be subject to the government's whims.

To assure that no government would infringe the natural rights of anyone here, the Founders incorporated Jefferson's thesis underlying the Declaration into the Constitution and, with respect to self-defense, into the Second Amendment. As recently as two years ago, the Supreme Court recognized this when it held that the right to keep and bear arms in one's home is a pre-political individual right that only sovereign Americans can surrender and that the government cannot take from us, absent our individual waiver.

There have been practical historical reasons for the near universal historical acceptance of the individual possession of this right. The dictators and monsters of the 20th century — from Stalin to Hitler, from Castro to Pol Pot, from Mao to Assad — have disarmed their people, and only because some of those people resisted the disarming were all eventually enabled to fight the dictators for freedom. Sometimes they lost. Sometimes they won.

The principal reason the colonists won the American Revolution is that they possessed weapons equivalent in power and precision to those of the British government. If the colonists had been limited to crossbows that they had registered with the king's government in London, while the British troops used gunpowder when they fought us here, George Washington and Jefferson would have been captured and hanged.

We also defeated the king's soldiers because they didn't know who among us was armed, because there was no requirement of a permission slip from the government in order to exercise the right to self-defense. (Imagine the howls of protest if permission were required as a precondition to exercising the freedom of speech.) Today, the limitations on the power and precision of the guns we can lawfully own not only violate our natural right to self-defense and our personal sovereignties; they assure that a tyrant can more easily disarm and overcome us.

The historical reality of the Second Amendment's protection of the right to keep and bear arms is not that it protects the right to shoot deer. It protects the right to shoot tyrants, and it protects the right to shoot at them effectively, thus, with the same instruments they would use upon us. If the Jews in the Warsaw ghetto had had the firepower and ammunition that the Nazis did, some of Poland might have stayed free and more persons would have survived the Holocaust.

Most people in government reject natural rights and personal sovereignty. Most people in government believe that the exercise of everyone's rights is subject to the will of those in the government. Most people in government believe that they can write any law and regulate any behavior, not subject to the natural law, not subject to the sovereignty of individuals, not cognizant of history's tyrants, but subject only to what they can get away with.

Did you empower the government to impair the freedom of us all because of the mania and terror of a few?

Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is the senior judicial analyst at Fox News Channel. Judge Napolitano has written seven books on the U.S. Constitution. The most recent is "Theodore and Woodrow: How Two American Presidents Destroyed Constitutional Freedom." To find out more about Judge Napolitano and to read features by other Creators Syndicate writers and cartoonists, visit www.creators.com.

COPYRIGHT 2013 ANDREW P. NAPOLITANO

DISTRIBUTED BY CREATORS.COM

 

 

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Comments

2 Comments | Post Comment
Exceptional piece of work from the Judge. It should be required reading in all schools in the US. Our Citizens must learn and live-by the rights and responsibilities of their sovereignty.
Comment: #1
Posted by: David Welden
Thu Jan 10, 2013 9:48 AM
The Founding Fathers believed that the government was the biggest threat to personal liberty. That's why they included the Second Amendment in the Bill of Rights. They were right. Many of today's laws would not have been countenanced in 1800. But rights, inalienable rights, are human constructs. God did not forbid slavery and, in Biblical times, slavery was common place, even among the Hebrews. God did not forbid the killing of "others."

Shortly after Moses came down from the mountain with the Ten Commandments, the Isrealites wanted to cross over the land of a small nation. The king of that nation denied them passage and God told Moses to tell his army to go and kill all the people of that nation. "Thou shalt not kill" was only meant to apply to the Isrealite tribe. All others were fair game if they did not cooperate.

Only a free and armed people who want to retain their inalienable rights--who believe in them as what they should have just because they exist and are willing to fight to keep them--can retain said rights. Those addicted to the government's almighty and emperial power and those who know that the elites at the top are the only ones to know what is best for all the rest of us, don't want us to have rights, although they will give lip service to them. "The people" must retain their weapons so that they can resist the illegitamite power of the new aristocrisy the wish to rule us from Washington.

I am not advocating armed rebellion but there will come a time when it will be necessary if we are serious about keeping our inalienable rights.
Comment: #2
Posted by: D.M. Mitchell
Thu Jan 10, 2013 6:10 PM
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