It is about time this was said in print. The following article is in the Washington Times by Judge Napolitano.
By Andrew P. Napolitano Thursday, January 10, 2013
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. 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 unalienable 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 brake 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. 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.
Yet 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. 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 Thomas 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, 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 had, 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. He is author of "It Is Dangerous to Be Right When the Government Is Wrong: The Case for Personal Freedom" (Thomas Nelson, 2011).
Thank GOD some people do understand.
This should be sent to every TYRANT in Congress except they may take it as a threat.
Along with this, Assault on the Second Amendment Take the pledge.
They need to take it as a promise.
I liked it-but I read Alexander on Patriot Post today and encourage it be read- and the Oath spoken of taken to every rooftop by every Patriot- Eric holder -since 1995 wanted to brainwash Americans into treating guns like so many now treat tobacco. Last I heard our govt. still transfers taxpayer funds to the tobacco industry -will they subsidize the gun makers like they have GM-once they own it?I liked America better when We the people owned the mere politicians
IF THIS STUFF WAS ON NATIONAL T.V. I DON'T THINK WE WOULD HAVE THE PROBLEMS WE HAVE ( PEOPLE WOULD KNOW THE -------- TRUTH------- ) .
Got me a Bow.
I always did like Judge Napolitano. I was in Academy Sports today when we ran into a friend. We were both looking for ammunition and of course the discussion turned to what the feds are going to try to do. I've got, not so good hearing, and I spoke up (probably rather loudly) telling our friend that I would not surrender or register my firearms. My wife told me to tone it down so not everyone would hear. I told her, I don't care if they hear, we have to speak up and not be afraid to speak up in public.
At last a judge with intelligence,2nd amendment is about being able to defend this country against tyrants and invaders so that freedom will continue. This is why the USA has never been invaded because people in this country own guns and can be called upon to use them to defend the country.After 9/11 does Congress and the President think that an invasion of the USA cannot happen ,given the weaponry of today we should be even more vigilant and organize our civilian gun owners to be part of a secondary force to support our military in case of an attack on the continental US. We are the patriots not the enemy.
Tonight, as I sat with my Pastor, his son and a fellow Marine, we watched a video which I fondly remembered from years ago, of Dr Suzanna Hupp giving great testimony on what the 2nd Ammendment truly means. Every one of you are encouraged to Google this video, it can be found on You Tube. Dr Hupp is on Facebook, Like her. There is strength in numbers, but we must be united in this.
AH....BUT UNLESS WE STAND UP AND ACTUALLY-- DO-- SOMETHING BESIDES TALK WE WILL NOT BE ABLE TO SAVE THIS NATION OR OURSELVES...IT IS NOT BY MIRE OSMOSIS THAT WE WILL WIN BACK THE NATION FOR ALL THE THINGS WE WERE FOUNDED FOR AND ARE....IT WILL TAKE A FIGHT...ARE YOU READY? BECAUSE IT IS HERE FOLKS AND WE HAVE A MUSLIM SYMPATHIZER AND COMMUNIST PERSON SITTING WHERE A PRESIDENT SHOULD BE AND NO ONE SEEMS TO CARE! GO TO: www.AgendaDocumentary.com and watch it all the way through and then think about what we need to DO, because they are winning!
PS: This could not be written by a relative of old Janet Napolitano of past AZ fame and of the HLS dispotic group....she has not got a patriotitic bone in her body!)