Posts tagged with: second amendment

800px-Statue_in_Minute_Man_National_Historical_ParkSome politicians are calling for new regulation and restrictions on firearms, but why and how does the Second Amendment strengthen liberty? In a thoughtful post at the Carolina Journal today, Troy Kickler offers this historical assessment:

What did early jurists and constitutional commentators say regarding the Second Amendment? St. George Tucker in View of the Constitution of the United States (1803), the first systematic commentary on the Constitution after its ratification, describes the Second Amendment to be “the true palladium of liberty.”

As the preservation of the statue of Pallas in mythological Troy — the Palladium — needed to be protected for the ancient city’s preservation, so the Virginian believed that the amendment ensured liberty’s protection in the United States. If the nation had a “standing army” — Revolutionary era-Americans’ description for a full-time, professional army — while individual Americans were denied the “right to keep and bear arms,” then “liberty, if not already annihilated,” Tucker wrote, “is on the brink of destruction.”

To Tucker, the Second Amendment is the linchpin that ensures the existence of all the other liberties.

Tucker was not alone. Although U.S. Supreme Court Justice Joseph Story believed the national government should have more authority than did Tucker, both jurists interpreted the Second Amendment as liberty’s safeguard. In 1833, Story noted in his influential Commentaries of the Constitution: “The right of the citizens to keep and bear arms has justly been considered as the palladium of the liberties of the republic, since it offers a strong moral check against the usurpation and arbitrary power of rulers, and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them.”

These jurists repeated a widespread interpretation that had been practiced by the states. The first state constitutions — which remained unaltered and in effect after the Constitution’s ratification — protected individual rights to possess and bear arms and allowed for a state militia.

Read more on Morality and the Origins of the Second Amendment…

Sarah Stanley
posted by on Wednesday, January 16, 2013

Ray Nothstine, managing editor of Religion & Liberty, was recently on Relevant Radio with Drew Mariani to discuss the issue of gun control.  According to the Chicago Tribune:

President Barack Obama unveiled a sweeping plan to reduce gun violence…that would require criminal background checks for all gun sales and a ban on military-style assault weapons. Obama also proposed an end to high-capacity ammunition clips, instead limiting clips to 10 rounds, according to details of the plan released by the White House. He would also toughen laws aimed at reducing gun trafficking.

Nothstine and Mariani discuss the recent executive actions regarding gun control and the reasonableness of restrictions. During the interview the dangers of increasing government authority arises and Nothstine asks, “how much can we really trust a government that doesn’t trust us in our own capacity for self government?” He addresses this point more fully in a recent blogpost:

Read more on Audio: Ray Nothstine on Gun Control…

In this week’s Acton Commentary, I explore the differing mainstream cultural views of gun rights and abortion in the United States and Europe. The point of departure is last month’s Supreme Court decision in DC v. Heller (07-290) striking down the District’s handgun ban (SCOTUSblog round-up on the decision here).

Read more on Guns, the Right to Life, and International Moral Consensus…

Acton PowerBlog RSS

Google Plus

Twitter Feed

Facebook Fan Page

Support the Acton Institute

The Acton Institute is funded through the generous contributions of individuals such as yourself. Learn more about how you can advance the cause of freedom and virtue.