The Judge Speaks

And as usual he nails it in an orgasm inducing display of literary brilliance, Constitutionality, and… well just read it for yourselves. And then spread it to everyone you know.  Judge Napolitano is the Thomas Jefferson of our day.

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.

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 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?

19 comments

  1. 1
    LC Sir Rurik, K.o.E. growls and barks:

    There is one question. Who is the boss? We, and the founding fathers believe that government works for us. The “man” who calls himself Obama believes that we all belong to him and work for him. Everything flows from this one irreconcilable difference of opinion.

  2. 2
    LC Sir Rurik, K.o.E. growls and barks:

    What’s this? I can haz FOIST?

  3. 3
    LC HJ Caveman82952 growls and barks:

    Crunch, you may all find this very relevant. A devastating critiqueand dead on target.

  4. 4
    LC Light29ID growls and barks:

    I believe that there is one man in this country that can stop this shit in it’s tracks immediately: Governor Rick Perry. All he has to do is hold a press conference and make one simple, emphatic statement:

    “The Sovereign State of Texas will not follow, obey or enforce or allow to be enforced any unconstitutional dictates from Congress or the White House that violates the inalienable right of Texans to keep and bear arms.”

    What’s Obongo going to do, invade Texas?

  5. 5
    LC Gunsniper growls and barks:

    Wyoming is already rolling on that LC Light29ID.

  6. 6
    LC Light29ID growls and barks:

    LC Gunsniper @ #:

    I saw that Gunsniper but it’s State Senator in a state that ranks, please no offense Wyoming, in population. Texas is second in population, second in size and first in economic growth. Perry would end this in a heartbeat with that kind of power at his disposal. At least 30 other states would fall in right behind him. All we need is him to be a leader because, with the kind of muscle that Texas has, he can make it happen, make his mark and get the 2016 nomination hands down.

  7. 7
    LC Light29ID growls and barks:

    Crunchie, please check your gmail

  8. 8

    LC Light29ID @ #:
    Got it, rounds out.
    LC 0311 Sir Crunchie I.M.H., K.o.E. recently posted..The Judge SpeaksMy Profile

  9. 9
    BigDogg growls and barks:

    @LC Light29ID
    I wouldn’t be surprised to see something akin to the Wyoming proposal come out of Texas, but it will likely come from our AG, Abbott. I believe Perry would hold comment until it was absolutely the last possible minute, until it was undeniable that you had to pick a side.

  10. 10
    HempRopeAndStreetlight growls and barks:

    That man for president. Or leader of the confederacy. I’ll settle for either.

  11. 11
    LC Gladiator growls and barks:

    The best explaination I have read on our current situation. Long but worth it

    .
    I am already reading so many pundits and other talking heads analyzing the disaster that was this year’s elections. I am adding my own ten cents. Here goes:

    1. We are outnumbered. We accurately foresaw the enthusiasm, the passion, the commitment, the determination, and the turnout. Married women, men, independents, Catholics, evangelicals – they all went for Romney in percentages as high or higher than the groups which voted for McCain in 2008. It wasn’t enough. What we saw in the election on Tuesday was a tipping point: we are now at a place where there are legitimately fewer Americans who desire a free republic with a free people than there are those who think the government should give them stuff. There are fewer of us who believe in the value of free exchange and free enterprise. There are fewer of us who do not wish to demonize successful people in order to justify taking from them. We are outnumbered. For the moment. It’s just that simple.

    2. It wasn’t the candidate(s). Some are already saying, “Romney was the wrong guy”; “He should have picked Marco Rubio to get Florida/Rob Portman to get Ohio/Chris Christie to get [someplace else].” With all due respect, these assessments are incorrect. Romney ran a strategic and well-organized campaign. Yes, he could have hit harder on Benghazi . But for those who would have loved that, there are those who would have found it distasteful. No matter what tactic you could point to that Romney could have done better, it would have been spun in a way that was detrimental to his chances. Romney would have been an excellent president, and Ryan was an inspired choice. No matter who we ran this year, they would have lost. See #1, above.

    3. It’s the culture, stupid. We have been trying to fight this battle every four years at the voting booth. It is long past time we admit that is not where the battle really is. We abdicated control of the culture – starting back in the 1960s. And now our largest primary social institutions – education, the media, Hollywood (entertainment) have become really nothing more than an assembly line for cranking out reliable little Leftists. Furthermore, we have allowed the government to undermine the institutions that instill good character – marriage, the family, communities, schools, our churches. So, here we are, at least two full generations later – we are reaping what we have sown. It took nearly fifty years to get here; it will take another fifty years to get back. But it starts with the determination to reclaim education, the media, and the entertainment business. If we fail to do that, we can kiss every election goodbye from here on out. And much more.

    4. America has become a nation of adolescents The real loser in this election was adulthood: Maturity. Responsibility. The understanding that liberty must be accompanied by self-restraint. Obama is a spoiled child, and the behavior and language of his followers and their advertisements throughout the campaign makes it clear how many of them are, as well. Romney is a grown-up. Romney should have won. Those of us who expected him to win assumed that voters would act like grownups. Because if we were a nation of grownups, he would have won.

    But what did win? Sex. Drugs. Bad language. Bad manners. Vulgarity. Lies. Cheating. Name-calling. Finger-pointing. Blaming. And irresponsible spending. This does not bode well. People grow up one of two ways: either they choose to, or circumstances force them to. The warnings are all there, whether it is the looming economic disaster, or the inability of the government to respond to crises like Hurricane Sandy, or the growing strength and brazenness of our enemies. American voters stick their fingers in their ears and say, “Lalalalalala, I can’t hear you.” It is unpleasant to think about the circumstances it will take to force Americans to grow up. It is even more unpleasant to think about Obama at the helm when those circumstances arrive.

    5. Yes, there is apparently a Woman Vote. It’s the subject matter of another column in its entirety to point out, one by one, all of the inconsistencies and hypocrisies of the Democrats this year. Suffice it to say that the only “war on women” was the one waged by the Obama campaign, which sexualized and objectified women, featuring them dressed up like vulvas at the Democrat National Convention, appealing to their “lady parts,” comparing voting to losing your virginity with Obama, trumpeting the thrills of destroying our children in the womb (and using our daughters in commercials to do so), and making Catholics pay for their birth control. For a significant number of women, this was appealing. It might call into question the wisdom of the Nineteenth Amendment, but for the fact that large numbers of women (largely married) used their “lady smarts” instead. Either way, Susan B. Anthony and Elizabeth Cady Stanton are rolling over in their graves.

    6. It’s not about giving up on “social issues” No Republican candidate should participate in a debate or go out on the stump without thorough debate prep and a complete set of talking points that they stick to. This should start with a good grounding in biology and a reluctance to purport to know the will of God. (Thank you, Todd and Richard.)

    That said, we do not hold the values we do because they garner votes. We hold the values we do because we believe that they are time-tested principles without which a civilized, free and prosperous society is not possible.

    We defend the unborn because we understand that a society which views some lives as expendable is capable of viewing all lives as expendable.

    We defend family – mothers, fathers, marriage, children – because history makes it quite clear that societies without intact families quickly descend into anarchy and barbarism, and we have plenty of proof of that in our inner cities where marriage is infrequent and unwed motherhood approaches 80 percent. When Roe v. Wade was decided in 1973, many thought that the abortion cause was lost. Forty years later, ultrasound technology has demonstrated the inevitable connection between science and morality. More Americans than ever define themselves as “pro-life.” What is tragic is that tens of millions of children have lost their lives while Americans figure out what should have been obvious before. There is no “giving up” on social issues. There is only the realization that we have to fight the battle on other fronts. The truth will win out in the end.

    7. Obama does not have a mandate. And he does not need one. I have to laugh – bitterly – when I read conservative pundits trying to assure us that Obama “has to know” that he does not have a mandate, and so he will have to govern from the middle. I don’t know what they’re smoking. Obama does not care that he does not have a mandate. He does not view himself as being elected (much less re-elected) to represent individuals. He views himself as having been re-elected to complete the “fundamental transformation” of America , the basic structure of which he despises. Expect much more of the same – largely the complete disregard of the will of half the American public, his willingness to rule by executive order, and the utter inability of another divided Congress to rein him in. Stanley Kurtz has it all laid out here.

    8. The Corrupt Media – is the enemy too strong? I don’t think so. I have been watching the media try to throw elections since at least the early 1990s. In 2008 and again this year, we saw the media cravenly cover up for the incompetence and deceit of this President, while demonizing a good, honorable and decent man with lies and smears. This is on top of the daily barrage of insults that conservatives (and by that I mean the electorate, not the politicians) must endure at the hands of this arrogant bunch of elitist snobs. Bias is one thing. What we observed with Benghazi was professional malpractice and fraud. They need to go. Republicans, Libertarians and other conservatives need to be prepared to play hardball with the Pravda press from here on out. And while we are at it, to defend those journalists of whatever political stripe (Jake Tapper, Sharyl Atkisson, Eli Lake) who actually do their jobs. As well as Fox News and talk radio. Because you can fully expect a re-elected Obama to try to reinstate the Fairness Doctrine in term 2.

    9. Small business and entrepreneurs will be hurt the worst For all the blather about “Wall Street versus Main Street,” Obama’s statist agenda will unquestionably benefit the biggest corporations which – as with the public sector unions – are in the best position to make campaign donations, hire lobbyists, and get special exemptions carved out from Obama’s health care laws, his environmental regulations, his labor laws. It will be the small business, the entrepreneur, and the first-time innovators who will be crushed by their inability to compete on a level playing field.

    10. America is more polarized than ever; and this time it’s personal. I’ve been following politics for a long time, and it feels different this time. Not just for me. I’ve received messages from other conservatives who are saying the same thing: there is little to no tolerance left out there for those who are bringing this country to its knees – even when they have been our friends. It isn’t just about “my guy” versus “your guy.” It is my view of America versus your view of America – a crippled, hemorrhaging, debt-laden, weakened and dependent America that I want no part of and resent being foisted on me. I no longer have any patience for stupidity, blindness, or vulgarity, so with each dumb “tweet” or FB post by one of my happily lefty comrades, another one bites the dust, for me. Delete. What does this portend for a divided Congress? I expect that Republicans will be demoralized and chastened for a short time. But I see them in a bad position. Americans in general want Congress to work together. But many do not want Obama’s policies, and so Republicans who support them will be toast. Good luck, guys.

    11. It’s possible that America just has to hit rock bottom. I truly believe that most Americans who voted for Obama have no idea what they are in for. Most simply believe him when he says that all he really wants is for the rich to pay “a little bit more.” So reasonable! Who could argue with that except a greedy racist? America is on a horrific bender. Has been for some time now. The warning signs of our fiscal profligacy and culture of lack of personal responsibility are everywhere – too many to mention. We need only look at other countries which have gone the route we are walking now to see what is in store.

    For the past four years – but certainly within the past campaign season – we have tried to warn Americans. Too many refuse to listen, even when all of the events that have transpired during Obama’s presidency – unemployment, economic stagnation, skyrocketing prices, the depression of the dollar, the collapse of foreign policy, Benghazi, hopelessly inept responses to natural disasters – can be tied directly to Obama’s statist philosophies, and his decisions.

    What that means, I fear, is that they will not see what is coming until the whole thing collapses. That is what makes me so sad today. I see the country I love headed toward its own “rock bottom,” and I cannot seem to reach those who are taking it there.

    Laura Hollis
    Laura Hollis is Associate Professional and Specialist and Concurrent Associate Professor of Law at University of Notre Dame.
    Past Director at Gigot Center for Entrepreneurial Studies, Associate Director and Clinical Professor at University of Illinois at Urbana-Champaign.

    Education: University of Notre Dame Law School , University of Notre Dame.

  12. 12
    Fa Cube Itches growls and barks:

    LC Gladiator @ #:

    Romney ran a strategic and well-organized campaign.

    That part of Ms. Hollis’ theory was proven to be 100% wrong very quickly.

  13. 13
    HempRopeAndStreetlight growls and barks:

    I take issue with that article too. Romney was a bullshit candidate, and the convervative base stayed FUCKING HOME or WROTE PEOPLE IN, because the man was a democrat in all but name. I wrote in “Guillotine” for president, and “Iron Maiden” for vice president. The republican’s have another thing comming if they thing us real conservatives are going to hoak down another McCrap Croissant after Dole, Bush II, and McCain.

    These assholes will learn – or join the WHIGS – that if they won’t give us a conservative, then they can fuck themselves, though the heavens may fall because of it.

    If that useless slimewad who all but authored Obamacare himself, and banned guns in his state had been able to turn out the republican base, he’d have won. But he was a Northeastern liberal fuckwad that didn’t deserve shit for a vote.

    Romney is an anti-gun chunk of human detritus, that would be stabbing us all in the back right now. I will stake my life on that opinion.

    As bad as it’s going to be with Lord Hussein, (and I am talking CIVIL WAR bad), I am at least comforted by the fact that, people will RESIST juggear’s tyrannical overreaches.

    I have complete confidence that Mass. Democrat Mitt Romney would be rambling on about “common sense” gun laws right now, and our resistance would be cut in HALF. He would provide the perfect cover for all the Fudds and Summer patriots to nod their heads like bobble dolls while he authored the same sort of shit he did for his own state.

    Don’t even get me started on how congress would “cave” since they would not need to “save face” and at least pretend to oppose – like they do now.

    As bad a this Marxist piece of garbage in the White-house is, as he tries to rule by fiat, it would be SO MUCH WORSE if we were fighting betrayal in our own ranks. We’d be utterly divided, and the RINO mush’s would be enabling the leftist agenda under the pretense of “being reasonable.”

    You would not see one fifth of one ounce of the push-back you are seeing now. Better that we can fight Satan directly and openly, than to have ourselves rotted from within by a Benedict Arnold that would split our resistance, and provide cover-fire for the moonbat overreaches.

    I will take that observations to the grave.

  14. 14
    LC Spare Parts growls and barks:

    LC Gladiator @ #:
    Do the trustees and administration at Notre Dame know she wrote this? She couldn’t have circulated it on campus or she’d have been lynched by now.

  15. 15
    FrankOK growls and barks:

    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.”

    This being fact, I am amazed that many modern day Jews can love the democratic party as they do knowing (or should know) their peoples’ history and the efforts of Hitler and Company to exterminate them. The same signs are present today yet most of the stupid bastards continue to support the gun control which was the beginning of the German genocide.

    One has to surmise, regardless of what the Jewish People say, they really enjoyed watching their people die because they support the present muzzie-sympathetic administration of Washington DC. – which is following Hitler’s playbook step by step.
    FrankOK recently posted..Death Threats in the name of being civil?My Profile

  16. 16
    LC HJ Caveman82952 growls and barks:

    A letter from a soldier….

  17. 17
    Cannon Fodder growls and barks:

    I have to wonder, where was this acumen during the ObongoCare case?

  18. 18
    LC LOBO growls and barks:

    BigDogg @ #:
    And it has. Abbott has some balls on him.


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  1. 01/10/2013 – Pre-Civil War Roundup