Huzzah!

December 15, 2007

To paraphrase someone: throughout history, the normal condition of human existence has been one of misery, oppression and poverty.

Today is the 216th anniversary of the adoption of the Bill of Rights, the first Ten Amendments to our Constitution, as ratified in 1791.

This document, along with the one it amended, has been an all too rare experiment in popular self-government – and was the first (?) such experiment to temper democracy with a codified respect for individual rights. Indeed, several of our founders – at the time of the Constitutional Convention – were at pains to explain that the fundamental strength of this new system was not that it established democracy, but rather that it restrained it.

It is no accident that our republic has been as successful as it has.

Yet, pick up today’s newspaper – or turn on the TV - and you will see and hear academicians, politicians – and self-appointed social engineers in the media – lecturing us in the smooth, assured, narcotic language of “social welfare” that our experiment has failed; that our founding principles were – and are – flawed. They soothingly inform us that our principles are antiquated and irrelevant, inadequate and inapt for our current societal situation.

“Rights?!”, they cry, “What good are rights when you can’t find a job…when you can’t afford healthcare…when your neighborhood is wracked by violence. ‘Rights’ won’t keep you fed, employed and safe…but we can. Bah! What good are these two hundred year old ‘Rights’? What YOU need is the ‘right’ to a job! The ‘right’ to healthcare! The ‘right’ to decent, affordable housing! Those are the ‘RIGHTS’ you want, eh? And if you’ll just forget about those ‘old’ rights, we’ll grant you all these ‘new’ ones. We’re experts. We only want to help you. Just let us run things and we’ll take care of you. You won’t have to worry about a thing; we’ll tell you what to do. We know what’s best."

We need a new “Leviathan”, they insinuate – to “correct” our system and right the wrongs perpetrated under it.

"Now, since we're going to have change things around a bit, it'll be a bother to have naysayers constantly nagging us - so we're going to have to control what the press can say. You won't mind will you? And if some 'hard-heads' won't go along with the new program, we'll - regrettably - just have to put them someplace where they can't cause us any problems, right? Don't you agree? Of course you do. The bigger picture, after all, must be kept in view. Hmm?”

The other side of the story – the one they never talk about – is that “Rights” granted by “government” can be disposed of with the stroke of a pen. Rights, granted by man, are as ephemeral as man himself – and thus by definition – cannot truly be rights. Do you have the “Right” to a “socially secure” retirement? Sure you do…until the government runs out of money – and then…oh, well, so sorry.

To gravely point out the unfairness "inherent in our system” and glibly promise an impossible equality of outcome…to talk earnestly of the “needs” and “rights” of “Society” as though they were threatened by the continued maintenance of individual liberties - is just a new chorus to the age-old, dæmonic siren-song of the despot-in-waiting. A “Society” is an aggregate of individuals. To hold that individual rights are an impediment to society is not merely logically invalid, but nonsensical. Individual “Liberty” is the highest form of human existence – anything which diminishes it is a step backwards, a movement away, from the highest good.

Is it not wise to ask what system it is that these ‘philosopher kings’ would impose? Is it not prudent to understand the history and efficacy of that cure which they prescribe? If all is as they say, could they not simply present theirs as the superior option? Why have they not done so?

Rather, consider the concerted, coordinated, tireless assaults mounted against the continuation of our experiment and the banishment into exile of our Constitution over - and for - the last 75 years. All done in the name of "The People". Does that sound familiar? Anyone? Anyone?

Is it not meet that we should, today, reflect - just for a moment - on the fact that our national strength, will and self-confidence have begun to falter with the adoption of their prescriptions?

Do those who harangue us really know what's best...or do they only flatter themselves that they do?

A Dream I Had...

Gun Control: A conversation

Me:

“I live in Philadelphia, Pennsylvania, USA. There have been 5 shootings (3 of them fatal) within 4 square blocks of my residence within the last year. I want to carry a gun for protection. Can I?”

Gun Guy:

“According to the second ratified amendment to the Constitution of the United States, ‘A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.’ So, yes, you can.”

Gun Control Guy:

“No! The amendment refers only to ‘militias’.”

Gun Guy:

“Well, 10 USC §311 (a) tells us, ‘The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.’ So he’s good to go.”

Gun Control Guy:

“No! The amendment only refers to ‘States’.”

Gun Guy:

“OK, then, section 21 of the Constitution of the Commonwealth of Pennsylvania reads, ‘The right of the citizens to bear arms in defense of themselves and the State shall not be questioned’.”

Gun Control Guy:

“No, no, no. What was meant was state militias.”

Gun Guy:

“Really? Well then, Title 51 of the Commonwealth of Pennsylvania Code, Chapter 3, §301, paragraph (a) informs me, ‘The Militia of this Commonwealth shall consist of: (1) all able-bodied citizens of the United States and all other able-bodied persons who have declared their intention to become citizens of the United States, residing within this Commonwealth, who are at least 17 years six months of age and, except as hereinafter provided, not more than 55 years of age; and (2) such other persons as may, upon their own application, be enlisted or commissioned therein.’ Now…surely he is allowed to ‘bear’ a weapon for protection.”

Gun Control Guy:

“I still don’t think so. What do you mean by ‘bear’ it?”

Me:

“I don’t want to draw attention to myself, so I’ll carry it in a holster under a coat.”

Gun Control Guy:

“NO! PCS Title 18, Chapter 61, Subchapter A, § 6106. ‘Firearms not to be carried without a license. (a) Offense defined.-- (1) Except as provided in paragraph (2), any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree. (2) A person who is otherwise eligible to possess a valid license under this chapter but carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license and has not committed any other criminal violation commits a misdemeanor of the first degree’.”

Me:

“Okay, okay. Let me see…hmm…hmm…well…there’s nothing here in the laws of Pennsylvania specifically prohibiting carrying openly…so I’ll just carry it on my hip, OK?”

Gun Control Guy:

“No! PCS Title 18, Chapter 61, Subchapter A, § 6108 No person shall carry a firearm, rifle or shotgun at any time upon the public streets or upon any public property in a city of the first class unless: 1. Such person is licensed to carry a firearm; or 2. Such person is exempt from licensing under section 6106(b) of this title (relating to firearms not to be carried without a license).”

Me:

“Let me guess, Philadelphia is a ‘city of the first class’?”

Gun Control Guy:

“Yes it is.”

Me:

“Wait a minute, are you telling me that I have a ‘right’ to bear arms, but if I exercise it in Philadelphia without a LICENSE FROM THE CITY, I’ll get arrested and prosecuted? What kind of ‘right’ is it if it requires a license? Do I need a license to speak my mind, or practice my religion? Do I need a license to be secure in my ‘papers and effects’?”

Gun Guy:

“Not yet, thank God. But, don’t worry, Pennsylvania is a “shall issue” state. Unless you’ve got a criminal record they’ll give you the license, OK?”

Me:

“The Philadelphia Police Department won’t give me one, because my driver’s license is currently suspended.” So, in effect, because of traffic violations, they’ve stripped me of my right to self-defense.”

Gun Control Guy:

“The 'so-called' right to bear arms is not the same as the right to self-defense. You still have the right to self-defense. If you’ve got trouble, just call the police.”

Me:

“If the bad guys have guns, then without one I have no 'meaningful' right to self defense."

Gun Guy:

As for the police...while the Supreme Court has never said anything about it, at least half-a-dozen district courts and courts of appeals have found that the police have NO duty to protect you. Cases like Warren v. District of Columbia, 444 A.2d 1 (D.C. Ct. of Ap., 1981) and DeShaney v. Winnebago County Department of Social Services (109 S.Ct. 998, 1989) very clearly demonstrate that the law does not hold the police responsible for your safety.”

Me:

“So, wait a minute, let me see if I understand this. Both the Constitutions of Pennsylvania and the United States say I have the right to keep and bear arms for my defense, but state laws and local bureaucrats have effectively nullified BOTH the federal and Commonwealth Constitutions? And to add insult to (potential) injury, the police have no duty to protect me? Am I hearing this right?”

Gun Guy:

“You got it, boyo.”

Gun Control Guy:

“If we got rid of the guns, you wouldn’t need protection.”

Me:

“While estimates vary widely, it is not impossible that there are 300,000,000 guns in the United States at this very moment. If tomorrow morning, in joint session, the Congress of the United States voted 585-to-0 to repeal the 2^nd Amendment; and tomorrow afternoon the President signed off on it; and a week later all 50 state legislatures had voted to accept the repeal; and the day after that the Congress again voted 585-to-0 to prohibit the manufacture, sale and private ownership of all firearms – and to confiscate all firearms currently held privately…in one-hundred (100) years, you might – MIGHT – get half of them. So, this idea that you’re going to ‘get rid of guns’ is nothing short of a lunatic’s dream.”

Gun Control Guy:

“We’ve got to try…for the children.”

Gun Guy & Me:

“Fuck you.”