Come and Take It

"You may all go to hell, and I will go to Texas."

Archive for the tag “heller”

The above is my re-post of a TWG re-post of an excellent 2nd Amendment apology by Forbes blogger Lawrence Hunter. Hunter’s article is one of the most cogent defenses of the true purpose of the 2nd Amendment that I have ever seen.

THE WAKING GIANT

billofrightsandbullets

 

Source: http://www.forbes.com/sites/lawrencehunter/2012/12/28/gun-control-tramples-on-the-certain-virtues-of-a-heavily-armed-citizenry/

It is time the critics of the Second Amendment put up and repeal it, or shut up about violating it. Their efforts to disarm and short-arm Americans violate the U.S. Constitution in Merriam Webster’s first sense of the term—to “disregard” it.

Hard cases make bad law, which is why they are reserved for the Constitution, not left to the caprice of legislatures, the sophistry and casuistry of judges or the despotic rule making of the chief executive and his bureaucracy. And make no mistake, guns pose one of the hardest cases a free people confronts in the 21st century, a test of whether that people cherishes liberty above tyranny, values individual sovereignty above dependency on the state, and whether they dare any longer to live free.

A people cannot simultaneously live free and be bound to any human master or man-made institution, especially to politicians, judges, bureaucrats…

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Illinoisans in the State of Nature

The U.S. Seventh Circuit Court of Appeals today struck down Illinois’ blanket ban on firearms carry for self defense outside the home. Read the decision here. As did Justice Scalia in District of Columbia v. Heller, Circuit Judge Richard Posner relied primarily on an historical analysis of prior law (going back to English Common Law) to support the Court’s decision. While historical analysis is certainly a valid approach to understanding and interpreting the Second Amendment, a larger moral argument can and should be made.

The Declaration of Independence informs us that we humans institute governments to secure our basic, unalienable rights. But what does that mean, really? At what point are you justified in the use of force against another, even to the point of taking another’s life, to protect your own life, and secure your own rights? The answer can be found by examining ourselves as we existed in the “state of nature,” before the advent of organized, formal government.

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