Field Manual of the Free
Militia:
Section I
Principles justifying the arming
and organizing of a militia
1994
1.1 The morality of arming and organizing
Memorize: "He said to them, 'But now if you have a
purse, take it, and also a bag; and if you don't have a sword, sell
your cloak and buy one.'" -- Jesus Christ (Luke 22:36)
1.1.1 Biblical inspiration and authority
Before we can rightly consider arming and organizing ourselves as
a militia, we must consider whether or not doing so is the right
thing to do. Later on we will see that we have the historical and
constitutional right to form a militia. But ultimately, right and
wrong is determined by God's will, and God's will is determined from
the Bible. Why turn to the Bible to answer our questions about right
and wrong?
If you are a Bible believer, you must be committed to
following its moral standards. If you do not believe the Bible, you
should still know and weigh what it says and use it to justify your
actions to Bible believers.
To answer this question we will briefly look at what the Bible
says about its own inspiration, inerrancy, sufficiency, and
authority.
First, look at 2 Timothy 3:16-17: "All Scripture is God- breathed
and is useful for teaching, rebuking, correcting, and training in
righteousness, so that the man of God may be thoroughly equipped for
every good work." Here the apostle Paul is teaching us that the
Bible (or Scriptures) are inspired by God or God-breathed. Take
careful note of two things that Paul says are God-breathed or
inspired. He says that "all Scripture is God-breathed." Notice here
that it is the actual Scriptures themselves, the words of the Bible,
that are inspired (God-breathed) and not simply the authors. God
gave us the precise wording of the Bible in its original Hebrew and
Greek, not just the main ideas. Paul also says that "all Scripture
is God-breathed." It is not just portions of the Bible that are
inspired but all of it. We therefore say that the Bible is the word
of God! This testimony that the Bible is the word of God runs
throughout the whole Bible. (See, for example, Exodus 34:27, 2
Samuel 23:2, Jeremiah 26:2, John 12:49, John 17:8, 1 Corinthians
14:37, and Revelation 2:18.)
Now to say that the entire Bible is equally inspired word-for-
word does not necessarily mean that it is all of equal value or
interest to us. It simply means that word-for-word it all came from
God.
The Bible is word-for-word the word of God. Therefore it is
completely true or without any errors. This is what we mean by
"inerrancy." Think about it. If God knows everything (1 John 3:20)
and cannot lie (Hebrews 6:18), and if the Bible's words are God's
words, then there cannot be any mistakes in the Bible. Otherwise,
God would either have to be wrong himself or lying to us.
While this line of reasoning is undeniable, the Bible does not
leave us to make our own conclusions about its truthfulness. The
concept of infallibility or inerrancy is clearly the Bible's own
teaching about itself. Jesus said, "Not the smallest letter, not the
least stroke of the pen, will by any means disappear from the Law"
(Matthew 5:18). In other words, the Bible must be fulfilled in the
smallest detail. He also taught that "the Scripture cannot be
broken" (John 10:35) and praying to the Father stated, "Your word is
truth" (John 17:17). God's word can only be truth if it is free from
errors. Remember in school when true or false questions on tests
were false if any part of them were wrong? Luke wrote his gospel "so
that you may know the certainty of the things you have been taught"
(Luke 1:4). Peter wrote, "We have the word of the prophets made more
certain" (2 Peter 1:19). More certain than what? Read 2 Peter
1:16-18. Peters says that the word of the prophets is more certain
than his own eyewitness experience of Jesus Christ.
Now the fact that the Bible doesn't have any mistakes is not
simply "academic" truth. It is of immense practical importance. Only
if it is all true can we know for sure that any particular part of
it is true. Do you want to do right by obeying a command in the
Bible only to find out later that you were wrong to do what you did?
Of course not. We need a Bible that is true throughout to have any
real hope of pleasing God.
There is still more you need to know about the Bible. Not only is
it God's word, not only is it true, but it contains everything you
need to know about God and your relationship with him. The fact that
it is everything we need to know is summed up by the word
"sufficient" and is clearly taught by Paul the apostle in 2 Timothy
3:15-17. It tells us everything we need to know for salvation (2
Timothy 3:15), truth (2 Timothy 3:16), and good works (2 Timothy
3:17). This is why the Bible tells us over and over again never to
add to it or to take away from it (Deuteronomy 4:2, Proverbs 30:6,
Revelation 22:18).
Now when we say that the Bible tells us everything we need to
know, we need to realize that some things are stated directly and
some indirectly. A good algebra textbook, for instance, may not give
answers to every algebra problem. Yet is does fully define the rules
and principles by which every algebra problem may be solved. The
Bible likewise contains all that we need for our relationship with
God even if it does not provide direct answers for every problem or
question we face. On such indirect issues we must draw valid
conclusions based on what Scripture does say.
This leads us to the final point which needs to be made about the
Bible: the Bible alone is authoritative meaning that it, and only
it, must be completely believed and obeyed. Since all of the Bible
is God's word we cannot pick and choose what we want to obey. Since
it is all true we cannot neglect a portion of it by raising doubts
about its reliability. Since it contains all we need for our
Christian walks we cannot appeal to something or someone besides the
Bible as our final authority on some issue.
We cannot argue with any part of the Bible any more than we can
argue with God himself! God has "laid down precepts that are to be
fully obeyed" (Psalm 119:4). If we disobey, we will surely fail
(Matthew 7:24-25).
We must make sure that whatever we do in any department of
life, including the use of force, conforms to the truth and moral
principles of the Bible.
1.1.2 The continuity of the Old and New Testaments
If the Bible is the word of God, is it a self-consistent message?
Yes! Some sincere Christians believe that the New Testament
overturned the Old Testament rendering the Old Testament obsolete.
But this is false.
The New Testament did not change or overturn the moral
principles of the Old Testament. It simply clarified, developed,
added to, or fulfilled them.
Look at what Jesus Christ said: "Do not think that I have come to
abolish the Law and the Prophets; I have not come to abolish them
but to fulfill them. I tell you the truth, unto heaven and earth
disappear, not the smallest letter, not the least stroke of the pen,
will by any means disappear from the Law until everything is
accomplished" (Matthew 5:17-18). Several things should be noted
about these two verses.
First, Jesus did not abolish what the Old Testament said.
In the Sermon on the Mount, Jesus did not contradict anything said
by the Old Testament. Rather than abolishing the law against murder,
he went beyond it to prohibit hatred (Matthew 5:21-22). He did not
abolish the law against adultery but went beyond it to prohibit lust
(Matthew 5:27-28). He did not abolish the principle that punishment
by the state should be limited to "an eye for an eye" but simply
corrected the abuse of this legal principle of justice by forbidding
personal vengeance (Matthew 5:38-39) which the Old Testament also
forbids (Deuteronomy 32:35). And he did not negate any Old Testament
law by telling us not to hate our enemy because this was a tradition
of the scribes found nowhere in the Old Testament (Matthew 5:43-44).
Whenever Jesus wanted to justify his actions or establish a
truth, he did it by quoting the Old Testament, not by denying it.
Even when he said that loving God and loving our neighbor are the
greatest commandments, he was quoting Old Testament commandments
that were still in effect. The fact is, the law is still in effect
and binding today. "For whoever keeps the whole law and yet stumbles
at one point is guilty of breaking all of it" (James 2:10).
Second, Jesus did come to fulfill the Old Testament. In
Colossians 2:16-17 the apostle Paul says, "Therefore, do not let
anyone judge you by what you eat or drink, or with regard to a
religious festival, a New Moon celebration or a Sabbath day. These
are a shadow of the things that were to come; the reality, however
is found in Christ." So it is true that some things in the Old
Testament no longer apply to us because Jesus has fulfilled them.
But it is only ceremonial aspects of the law that were changed, not
the moral aspects. And whatever was finally fulfilled by Jesus
Christ was replaced by something better.
The religious festivals of the Old Testament pointed to Jesus
Christ and his death and resurrection (1 Corinthians 5:7). The Old
Testament priesthood was fulfilled in Jesus Christ, who is our High
Priest and replaced by the priesthood of all believers (Hebrews
7:23-24). The Old Testament physical temple was fulled in Jesus
Christ and replaced by the spiritual temple of the church. The Old
Testament sacrificed were fulfilled once and for all by the death of
Jesus Christ (Hebrews 7:27). There is no such thing as something in
the Old Testament which was abolished without being substituted by
something better in Jesus Christ.
Third, the whole law remains binding until the end of the
world. Nowhere did Jesus or the apostles ever change or do away
with any moral law or principle of the Old Testament. We have
already seen that Jesus based his morals on the Old Testament.
Furthermore, the New Testament emphasis on love is not instead of
the law but the essence of it.
Paul wrote, "Let no debt remain outstanding except the continuing
debt to love one another, for he who loves his fellowman has
fulfilled the law. The commandments, 'Do not commit adultery,' 'Do
not murder,' 'Do not steal,' 'Do not covet,' and whatever other
commandment there may be, are summed up in this one rule: 'Love your
neighbor as yourself.' Love does no harm to its neighbor. Therefore
love is the fulfillment of the law" (Romans 13:8-10). Just because
we are filled with Christian love does not mean that we can now
sleep around, murder, steal, and covet. Indeed, our love makes us do
what the Old Testament law commands.
The relationship of the Old Testament law to salvation
This brings us to the question of why Paul deprecates the law and
good works (Roman 3:20, Galatians 24, Ephesians 2:8-10, etc.).
Nowhere does Paul deny the validity of the moral laws for
determining what is right and wrong and for guiding our everyday
lives. Like Jesus, his arguments and teaching were always based on
the Old Testament itself (Acts 17:2-3, Romans 1:17, Romans 3:10-18,
etc.). What Paul denies is the validity of the view that obedience
to God's laws can save us. As sinners, we are incapable of full
obedience to the law and therefore cannot please God (Romans 3:20,
Romans 8:6-8). So we must depend upon the grace of God in Jesus
Christ to be forgiven (Romans 6:23).
But this was nothing new! Obeying God's laws did not save anyone
in the Old Testament anymore than in the New Testament, and grace
did not save anyone any less. No one in the Old Testament was
forgiven or saved because they obeyed the law; the law simply made
them aware of their sin just as in the New Testament (Romans 3:20,
Romans 7:7-8, Galatians 3:24).
- The Lord looked with favor or grace on Abel (Genesis 4:4)
who made his offering in faith (Hebrews 11:4).
- Noah found favor (grace) in the eyes of God (Genesis 6:8)
because of his faith (Hebrews 11:7).
- Abraham was saved by faith (Genesis 15:6) in the gospel of
Jesus (Galatians 3:8) and is a pattern for our faith (Romans
4:1-10).
- Moses found favor in the eyes of the Lord because God is
gracious, not because Moses obeyed the law (Exodus 34:6-9, Psalm
103:7-8).
- David depended on God's mercy for forgiveness (Psalm
51:1-5).
The point of all this is that the Old and New Testaments are equally
valid and totally consistent in teaching what is right and wrong.
Anyone reading the Old Testament will easily recognize the fact that
it does not condemn violence or war when it is justified by biblical
principles. Abraham rightly fought to rescue his nephew Lot from
invaders (Genesis 14). God gave ground rules for conducting warfare
(Deuteronomy 20). The book of Judges is basically a history of
heroes and patriots who fought against the tyranny of invading
armies and ungodly rulers. David was the greatest king of Israel as
well as one of its best soldiers (1 and 2 Samuel). Nothing in the
New Testament changes any of these facts.
1.1.3 Jesus Christ was not a pacifist
Of course, Christ's emphasis on love is sometimes perceived to
imply that he was a pacifist who condemned all violence and war. But
this is a misunderstanding.
A close look at the Bible will show that Jesus Christ was not
a pacifist and will demonstrate that he approved of the justified
use of deadly force.
Neither John the Baptist, nor Jesus, nor the apostles
condemned soldiering.
"Then some soldiers asked him, 'And what should we do?' He
replied, 'Don't exhort money and don't accuse people falsely -- be
content with your pay'" (Luke 3:14). John the Baptist did not tell
soldiers that being soldiers was immoral per se, but simply
condemned the abuse of their position as soldiers.
Jesus did not rebuke the centurion for being a soldier, but
commended him for the faith that came from his understanding of
authority in the military (Matthew 8:5-13; see also Acts 10:1-48).
Jesus Christ both permitted and commanded his followers to be
armed.
"He said to them, 'But now if you have a purse, take it, and also
a bag; and if you don't have a sword, sell your cloak and buy one'"
(Luke 22:36). Now that the apostles had learned the lesson of
trusting in God (Luke 10:4), they were to be prepared to defend
themselves as they travelled through dangerous areas to take the
gospel to the whole world.
"Then Simon Peter, who had a sword, drew it and struck the high
priest's servant, cutting off his right ear. Jesus commanded Peter,
'Put your sword away! Shall I not drink the cup the Father has given
me?'" (John 18:10-11). Notice that Jesus allowed Peter to have the
sword both before and after this incident. The problem was not that
defending someone is wrong; the problem was that it was
inappropriate at this time since Jesus wanted to die for our sins
(Mark 10:45).
"'Put your sword back in its place,' Jesus said to him, 'for all
who draw the sword will die by the sword'" (Matthew 26:52). Again,
Jesus did not necessarily condemn using the sword. He told Peter to
put it back in its scabbard, not to get rid of it. What Jesus is
saying is that anyone who fights risks his life in doing so. This is
a matter of fact, not of ethics.
Jesus Christ used just force.
"Jesus entered the temple area and drove out all who were buying
and selling there. He overturned the tables of money changers and
the benches of those selling doves" (Matthew 21:12).
"So he made a whip out of cords, and drove all from the temple
area, both sheep and cattle; he scattered the coins of the money
changers and overturned their tables" (John 2:15).
"When Jesus said, 'I am he,' they drew back and fell to the
ground." He used his divine power against aggressors (John 18:6).
Jesus Christ would have been justified in defending himself.
On several occasions Jesus Christ evaded an angry crowd rather
than giving in to their intent to kill him (Luke 4:28-30, John
8:58-59, John 10:35-39). It was not yet the time for him to
sacrifice himself for the sins of many. When the time did come, and
his disciples tried to defend him, Jesus said, "Do you think I
cannot call on my Father, and he will at once put at my disposal
more than twelve legions of angels?'" (Matthew 26:53). Jesus was
quite capable of taking care of himself if he wanted to be defended.
And his statement that he could call on the Father did not only mean
that he had the ability to defend himself, but that he was morally
justified in doing so as well. He was under no inherent obligation
to die, although he and the Father did plan for him to die.
Jesus Christ will someday use deadly force on a wide scale.
All through the Bible we read of the day when Jesus will return
to set things straight. At his second coming he will throw the
wicked into the fiery furnace (Matthew 13:41-43). He will separate
the righteous from the wicked and send the latter into the eternal
fire (Matthew 25:41). He will bring destruction upon unbelievers (1
Thessalonians 5:1-3, 2 Thessalonians 1:6-10). He will lay waste to
the present heavens and the earth (2 Peter 3:10). And with justice
he will judge and make war on the evildoers of the earth (Revelation
19:11-21). This all demonstrates that Jesus is not absolutely
opposed to the deadly punishment of wrongdoers. Indeed, there will
come a day when he brings it about on a universal scale. But for
now, he is delaying his just wrath while giving mankind a chance to
repent of their wicked deeds (2 Peter 3:9).
Jesus taught that force was a last resort.
Of course, it is true that violence is not always -- indeed
rarely -- justified. "Jesus said, 'My kingdom is not of this world.
If it were, my servants would fight to prevent my arrest by the
Jews. But now my kingdom is from another place'" (John 18:36). So
Christians should not use force to establish or maintain the kingdom
of God or impose their religious beliefs on others. But this does
not mean that Christians should never use force. Jesus implies that
if the situation was different, if his kingdom was an earthly
kingdom, then force would be acceptable.
Jesus also said, "Blessed are the peacemakers" (Matthew 5:9)
showering that our goal should always be to seek peaceful
resolutions if at all possible (see also Romans 12:17-19). Later he
said, "But I tell you, do not resist an evil person. If someone
strikes you on the right cheek, turn to him the other also" (Matthew
5:39). Slapping the right cheek was not a life-threatening attack,
but a personal insult similar to spitting on someone. So Jesus was
teaching that we should not resort to force when we face minor
personal insults and mistreatment. But he was not condemning
self-defense when our very lives are threatened as we have already
seen.
Finally, Christ tells us, "But I tell you: Love your enemies and
pray for those who persecute you, that you may be sons of your
Father in heaven" (Matthew 5:44-45). How can we love our enemies and
kill them at the same time? Clearly Jesus is saying we should harbor
no hatred towards anyone. Our actions should never be motivated by
hatred or vengeance but only by justice. Judges can and do justly
sentence criminals to prison while having compassion on them. God
can and does desire a sinner's repentance as he condemns him
forever. So also it is possible and necessary for us to love our
mortal enemies, to pray for their souls and seek to change their
minds and behavior, even when we are forced to take up arms against
them.
1.1.4 Principles of just war
As we have seen, Jesus Christ was not a pacifist and it is
sometimes necessary to respond to evil with force. But why and when
is force right and when is it wrong? Through the Bible there are
several key principles to answer this question.
The right to life. All through the Bible it is assumed
that individuals have the right to life. For instance, Exodus 20:13
says, "You shall not murder." The reasons we cannot murder is
because God says so. But the reason he says so is because he has
given us the right to live. This right to life implies the right to
self-defense. If we should not be murdered, then we are justified in
preventing someone from killing us. This is shown throughout the
Bible.
Capital punishment. For various terrible crimes and sins,
only death is a sufficient punishment. God himself instituted
capital punishment. "Whoever sheds the blood of man, by man shall
his blood be shed; for in the image of God has God made man"
(Genesis 9:6). "Anyone who strikes a man and kill shim shall surely
be put to death" (Exodus 21:12). Consistent with the principle of
"an eye for an eye" (Exodus 23-25), only a murderer's death can
satisfy the demands of justice for murder. Capital punishment is
also the just penalty for despising authority (Deuteronomy 17:12),
rebellion (Deuteronomy 21:21), and kidnapping (Deuteronomy 24:7). It
makes no difference in principle whether an individual, or an army,
or political leaders are guilty. If a man is guilty of a capital
crime, he should die at the hands of an executioner. If any army is
guilty of a wide-scale crime, they too should die, at the hands of
an opposing army if necessary. If our leaders are corrupted to the
extent of imposing tyranny upon the people, then they should be
forcefully overthrown and replaced by a legitimate government.
Resisting tyranny. This idea of resisting tyranny is
common in the Bible. Clearly we should not resort to force when mere
possessions are at stake. High taxes and the like can be endured and
do warrant taking lives. But when leaders are responsible for
murder, deny civil liberties, and generally impose a draconian
regime upon the people, then we should disobey, resist, and rise up
to fight. In Exodus 1:15-22 the king of Egypt ordered that all
newborn boys be killed. But the Hebrew midwives did right by
disobeying and sparing the innocent babies. As we said previously,
the book of Judges is full of accounts of leaders raised up by God
for express purpose of delivering Israel from the hands of tyranny.
Read about Ehud (Judges 3), Deborah (Judges 4), Gideon (Judges 6-
7), and Samson (Judges 13-16). These people are commended for their
faith in the New Testament because they responded to God's calling
to fight against tyranny (Hebrews 11:32-34).
Justice not revenge, collective not personal. Paul the
apostle wrote, "Do not repay anyone evil for evil. Be careful to do
what is right in the eyes of everybody" (Romans 12:17). We must
always be motivated to do what is right. "If it is possible, as far
as it depends on you, live at peace with everyone" (Romans 12:18).
By all means we must seek peaceful resolutions. "Do not take revenge
my friends" (Romans 12:19). We are not to get even with an evildoer
nor are we to take justice into our own hands. But it is not evil or
vengeful for people to individually defend themselves or to
collectively exact just punishment.
Obeying authority. Since the Bible is the inspired word of
God, we must follow its commands and principles. We must take
seriously the concept of just war taught explicitly in the Old
Testament and implicitly in the New since the Bible is consistent in
its moral precepts. Since Jesus was not a pacifist, we cannot say
that christians renounce all armed conflict. And while force should
be a last resort it is sometimes necessary for self-defense and to
resist tyranny.
This leads us to the all important idea of authority. Who is in
charge. What must we obey? When is resistance justified? "Then Jesus
came to them and said, 'All authority in heaven and on earth has
been given to me'" (Matthew 28:18). All legitimate authority rests
in the Lord Jesus Christ. All earthly authority is therefore derived
and limited authority. Christ gives parents the authority to raise
children according to his principles (Ephesians 6:1-4). But we have
no authority to abuse our children or lead them astray. He gives
ordained leaders of the church authority within the church, but they
are accountable to Christ (Hebrews 13:17). They also have no
authority to abuse or lead astray Christians. Likewise, he gives
authority to governments to maintain law and order, not to abuse
citizens or to perpetrate evil.
Consider Romans 13:1-5 which is perhaps the most important
biblical passage about the authority of governments. "Everyone must
submit himself to the governing authorities, for there is no
authority except that which God has established. The authorities
that exist have been established by God" (Romans 13:1). In America,
the highest governing authority is the Constitution, not elected
officials who are sworn to uphold and defend it.
"Consequently, he who rebels against the authority is rebelling
against what God has instituted, and those who do so will bring
judgment on themselves" (Romans 13:2). Violating Constitutional
liberties is rebelling against God, whether it is done by a criminal
or the politicians. Thus,
When elected officials break their oath to uphold the
Constitution, it is not the patriotic citizen who is in rebellion,
but the governing official!
"For rulers hold no terror for those who do right, but for those
who do wrong. Do you want to be free from fear of the one in
authority? Then do what is right and he will commend you" (Romans
13:3). If you do what is Constitutionally right by forming a militia
and the government accuses you of wrongdoing, then in fact they have
lost all authority because they have turned away from the very thing
which legitimizes them.
"For he is God's servant to do you good. But if you do wrong, be
afraid, for he does not bear the sword for nothing. He is God's
servant, and agent of wrath to bring punishment to the wrongdoer"
(Romans 13:4). God intends the government to do you good by
maintaining law, order, and justice. When the government
systematically punishes the upright citizen and commends wrongdoing,
it is no longer serving God's purpose.
"Therefore , it is necessary to submit to the authorities, not
only because of possible punishment but also because of conscience"
(Romans 13:5). Jesus Christ is the ultimate authority and the
Constitution is the real governing authority. If we are submitted to
Jesus Christ and committed to Constitutional liberties, then our
conscience demands the resistance of unconstitutional authority
which is no authority at all.
1.1.5 Discussion questions
To determine what is right and wrong in ethical matters, should
we follow public opinion, existing laws, our own opinion, or the
Bible? Why?
Do you believe that there is any inconsistency in what the Bible
has to say about the morality of self-defense and war waged against
tyranny? If not, why not? If so, please specify what "inconsistency"
you perceive. Is there any way you can see these "inconsistencies"
can be reconciled?
Do you believe that Jesus was, or Christians should be, complete
pacifists? Why or why not?
How is the idea of just war consistent or inconsistent with
loving God? With loving our neighbor? With loving our enemy?
Describe the general continuity of principle among capital
punishment, law enforcement by the police, personal self-defense,
and just war.
Can you describe the difference between acting out of revenge and
acting in behalf of justice? Why is the one right and the other
wrong?
What is your definition of authority that must be obeyed?
What are some examples of usurped or illegitimate authority that
do not justify armed resistance? Why isn't fighting right in such
cases?
What are some examples of usurped or illegitimate authority that
do justify armed resistance? Why is fighting right in such cases?
Main ideas of this section
We must make sure that whatever we do in any department of
life, including the use of force, conforms to the truth and moral
principles of the Bible.
The New Testament did not change or overturn the moral principles
of the Old Testament. It simply clarified, developed, added to, or
fulfilled them.
A close look at the Bible will show that Jesus Christ was not a
pacifist, and will demonstrate that he approved of the justified use
of deadly force.
When elected officials break their oath to uphold the
Constitution, it is not the patriotic citizen who is in rebellion,
but the governing official!
Further reading
If you desire to read and study these issues in more depth, I
recommend the following books available from the Free Militia.
On the inspiration and authority of the Bible
Custer, Stewart. Does Inspiration Demand Inerrancy?
(Nutley, New Jersey, The Craig Press, 1968), 120pp.
Garrett, Duanne A. and Melick, Richard R., Jr. (editors).
Authority and Interpretation: A Baptist Perspective (Grand
Rapids, Michigan, Baker Book House, 1987), 220pp.
Giesler, Norman (editor). Inerrancy (Grand Rapids,
Michigan, Zondervan, 1980), 516pp.
Young, Edward J. Thy Word Is Truth (Carlisle,
Pennsylvania, Banner of Truth, 1957), 274pp.
On the morality and ethics of just war
Boettner, Loraine. The Christian Attitude Toward War
(Phillipsburg, New Jersey, Presbyterian & Reformed, 1940/1985),
91pp.
Davis, John Jefferson. Evangelical Ethics: Issues Facing the
Church Today (Phillipsburg, New Jersey, Presbyterian & Reformed,
1985), 299pp.
Morey, Robert A. When Is It Right to Fight? (Minneapolis,
Minnesota, Bethany House Publishers, 1985), 143pp.
Murray, John. Principles of Conduct: Aspects of Biblical
Ethics (Grand Rapids, Michigan, Wm. B. Eerdmans Publishers,
1957), 272pp.
1.2 The heritage of arming and organizing
Memorize: "Is life so dear, or peace so sweet, as to
be purchased at the price of chains and slavery? Forbid it, Almighty
God! I know now what course others may take, but as for me, give me
liberty, or give me death!" -- Patrick Henry, March 23, 1775
1.2.1 Give me liberty or give me death!
When the second revolutionary convention of Virginia met in March
of 1775, the majority of those in attendance favored quiet
preparations for war but wanted to continue seeking peace with the
king of England and Parliament. So when resolutions were introduced
proposing that Virginia formally assume a defensive posture in
anticipation of war, the majority cringed at the prospect of war
being inevitable. The resolutions were about to be defeated when
Patrick henry rose to address the assembly. It was his speech that
changed minds so that the resolutions were carried. It was his
speech that first openly advocated war. It was his speech which
arguably mobilized the American colonies for eventual victory.
I therefore will quote the speech in its entirety to set the
context of the American Revolution and to remind us of the similar
perils we face today. As you read it, keep several things in mind.
- First, Patrick Henry was promoting war to a group of
informed men who were predisposed to peace. His speech was meant
to convince the skeptical rather than to agitate warmongers.
- Second, Patrick Henry was promoting war against the greatest
military power on the face of the earth, the British Empire. The
men in that assembly did not have the benefit of hindsight but
were contemplating a war which, from their perspective, was by
no means sure to be won.
- Third, Patrick Henry was promoting war as a necessary last
resort. He was not a "trigger-happy" glory seeker. He was facing
facts that peaceful approaches had been impotent for over ten
years of struggle.
Keeping these facts in mind will keep us from mistaking Patrick
Henry for an impatient, violent man and keep his speech in proper
perspective. And now, let Patrick Henry's words speak for
themselves.
"No man, Mr. President, thinks more highly than I do of the
patriotism, as well as abilities, of the very honorable gentlemen
who have just addressed the House. But different men often see the
same subject in different lights; and, therefore, I hope it will not
be thought disrespectful to those gentlemen if, entertaining, as I
do, opinions of a character very opposite to theirs, I should speak
forth my sentiments freely, and without reserve. This is no time for
ceremony. The question before the House is one of awful moment to
this country. For my own part, I consider it as nothing less than a
question of freedom or slavery. And in proportion to the magnitude
of the subject ought to be the freedom of the debate. It is only in
this way that we can hope to arrive at truth, and fulfill the great
responsibility which we hold to God and our country. Should I keep
back my opinions at such a time, through fear of giving offense, I
should consider myself as guilty of treason towards my country, and
of an act of disloyalty towards the Majesty of Heaven, which I
revere above all earthly kings.
"Mr. President, it is natural to man to indulge in the illusions
of Hope. We are apt to shut out eyes against a painful truth, and
listen to the song of that siren till she transforms us into beasts.
Is this the part of wise men, engaged in a great and arduous
struggle for liberty? Are we disposed to be of the number of those
who, having eyes, see not, and having ears, hear not, the things
which so nearly concern their temporal salvation? For my own part,
whatever anguish of spirit it may cost, I am willing to know the
whole truth; to know the worst, and to provide for it.
"I have but one lamp by which my feet are guided, and that is the
lamp of experience. I know of no way of judging the future but by
the past. And, judging by the past, I wish to know what there has
been in the conduct of the British ministry, for the last ten years,
to justify those hopes with which gentlemen have been pleased to
solace themselves and the House. Is it that insidious smile with
which our petition has been lately received? Trust it not, sir; it
will prove a snare to your feet. Suffer not yourselves to be
betrayed with a kiss. Ask yourselves how this gracious reception of
our petition comports with those warlike preparation which cover our
waters and darken our land. Are fleets and armies necessary to a
work of love and reconciliation? Have we shown ourselves so
unwilling to be reconciled, that force must be called in to win back
our love? Let us not deceive ourselves, sir. These are the
implements of war and subjugation -- the last arguments to which
kings resort.
"I ask gentlemen, sir, what means this martial array, if its
purpose be not to force us to submission? Can gentlemen assign any
other possible motive for it? Has Great Britain any enemy in this
quarter of the world, to call for this accumulation of navies and
armies? No, sir, she has none. They are meant for us: they can be
meant for no other. They are sent over to bind and rivet upon us
those chains which the British ministry have been so long forging.
"And what have we to oppose them? Shall we try argument? Sir, we
have been trying that for the last ten years. Have we anything new
to offer upon the subject? Nothing. We have held the subject up in
every light of which is capable; but it has been all in vain. Shall
we resort to entreaty, and humble supplication? What terms shall we
find which have not already been exhausted?
"Let us not, I beseech you, sir, deceive ourselves longer. Sir,
we have done everything that could be done to avert the storm which
is now coming on. We have petitioned; we have remonstrated; we have
supplicated; we have prostrated ourselves before the throne, and
have implored its interposition to arrest the tyrannical hands of
the ministry and Parliament. Our petitions have been slighted; our
remonstrances have produced additional violence and insult; our
supplications have been disregarded; and we have been spurned with
contempt from the foot of the throne.
"In vain, after these things, may we indulge the fond hope of
peace and reconciliation. There is no longer any room for hope. If
we are to be free; if we mean to preserve inviolate those
inestimable privileges for which we have been so long contending; if
we mean not basely to abandon the noble struggle in which we have
been so long engaged, and which we have pledged ourselves never to
abandon until the glorious object of our contest shall be obtained
-- we must fight! I repeat sir -- we must fight! An appeal to arms,
and to the God of hosts, is all that is left us.
"They tell us, sir, that we are weak - unable to cope with so
formidable an adversary. But when shall we be stronger? Will it be
next week, or the next year? Will it be when we are totally
disarmed, and when a British guard shall be stationed in every
house? Shall we gather strength by irresolution and inaction? Shall
we acquire the means of effectual resistance by lying supinely on
our backs, and hugging the delusive phantom of Hope, until our
enemies shall have bound us hand and foot?
"Sir, we are not weak, if we make a proper use of those means
which the God of nature has placed in our power. Three millions of
people armed in the holy cause of liberty, and in such a country as
that which we possess, are invincible by any force which our enemy
can send against us.
"Besides, sir, we shall not fight our battles alone. There is a
just God who presides over the destinies of nations, and who will
raise up friends to fight our battles for us. The battle, sir, is
not to the strong alone: it is to the vigilant, the active, the
brave. Besides, sir, we have no election. If we were base enough to
desire it, it is now too late to retire from the contest. There is
no retreat but in submission and slavery. Our chains are forged.
Their clanking may be heard on the plains of Boston. The war is
inevitable. And let it come! I repeat it, sir, let it come!
"It is in vain, sir, to extenuate the matter. Gentlemen may cry
peace, peace, but there is no peace. The war is actually begun. The
next gale that sweeps from the north will bring to our the clash of
resounding arms. Our brethren are already in the field. Why stand
here idle? What is it that gentlemen wish? What would they have? Is
life so dear, or peace so sweet, as to be purchased at the price of
chains and slavery? Forbid it, Almighty God! I know not what course
others may take, but as for me, give me liberty, or give me death!"
Thus was Patrick Henry's speech. Thus were the resolutions to
prepare for war carried. Let me make a few more remarks so you can
see the parallels with our situation today and so there is no
misunderstanding.
- Neither Patrick Henry, nor the resolutions he sought to
approve advocated attacking the British army. They simply
advocated being ready for the inevitable British attack. Neither
does the Free Militia propose to attack anyone but only to be
prepared to defend.
- Just as the colonists sought to alleviate unjust taxation
without representation with every possible form of peaceful
means, there has been an ongoing attempt with all branches of
the federal government to demonstrate how unconstitutional many
laws, programs, and taxes are, to no avail. The Constitutional
is routinely ignored and petitions to obey it are met with an
"insidious smile" but no serious action.
- The great danger of Patrick Henry's day was the growing
strength of British forces along with the growing measures to
disarm the colonies. Today we see the multiplication of police
officers, agencies, prisons, and government power simultaneous
with attacks on personal gun rights.
1.2.2 The beginning of the American Revolution
Contrary to popular belief, the American Revolution was not
fought because the colonists were taxed without representation. It
is true that for years preceding the revolution, taxes and fair
representation were the issues that energized patriots. These were
the questions that first caused friction between the colonies and
England. But no American patriot took up arms to kill a British
soldier because he thought his taxes were too high.
American patriots took up arms against the British and began
the revolution only when -- and precisely because -- the British
attempted to disarm them.
The first incident was when the British tried to confiscate
stores of gunpowder and weapons to disarm the militia in New
England. Almost at the same time (news travelled slowly in those
days) the British confiscated the colonists' gunpowder in
Williamsburg. The events in New England resulted n bloodshed; in
Virginia the bloodshed was averted. But both historic confrontations
took place because the British attempted to disarm citizens.
March 23, 1775. Patrick Henry gave his famous "give me
liberty or give me death" speech.
April 18, 1775. British soldiers set out from Boston
to confiscate muskets, gunpowder, and cannons from the
colonists. Paul Revere rode out of town to warn the Americans.
April 19, 1775. The British encountered their first
resistance by minutemen at Lexington Green. After pushing on to
Concord, the British were repelled, and then routed, by the
American minutemen and sustained casualties.
April 21, 1775. Still unaware of fighting in New
England, the governor of Virginia ordered British marines to
confiscate all gunpowder held in the public magazine at
Williamsburg.
May 2, 1775. Captain Patrick Henry led an armed
militia of Virginians on a march to Williamsburg. Soon five
thousand men sprang to arms and joined the march.
May 4, 1775. The British agreed to compensate the
Virginians for the gunpowder that was confiscated before the
armed militia arrived in Williamsburg, thus averting armed
conflict.
Two lessons should be noted about these two incidents which really
started the American Revolution. First, the British government's
attempts to disarm American colonists, even though the colonists had
not attacked the British, was considered to be an act of war by the
Americans. They knew that if they were successfully disarmed, the
British would be unchecked in their attempts to subjugate and
enslave them.
Second, when the acts of war were perceived, it was not Americans
acting under the authority of the British Crown that opposed them.
It was ordinary armed citizens -- outlaws as the British saw them --
who fought.
Our country sprang into being and is founded on the principle
of ordinary citizens like you and me arming and organizing ourselves
to fight tyranny.
1.2.3 The Declaration of Independence
About a year after hostilities broke out at Lexington and
Concord, the Continental Congress unanimously adopted the
Declaration of Independence. This declaration officially severed
political ties with England and established the thirteen American
colonies as independent states.
On the one hand, it took quite a long time to finalize and ratify
the Declaration of Independence considering that the country had
already been at war with Great Britain for a year and there was no
real prospect for a peaceful resolution. But what this delay
accomplished was a consensus among the delegations from all thirteen
colonies about the justification of revolution and independence. It
is therefore enlightening to examine their rationale in the
Declaration of Independence since it represents the universal
position of the leaders of all the colonies as to why America was
justified in its revolt against the king and Parliament.
The relevant text is the second paragraph of the Declaration of
Independence which reads as follows:
"We hold these truths to be self-evident, that all men are
created equal, that they are endowed by their Creator with certain
unalienable Rights, that among these are Life, Liberty, and the
pursuit of Happiness. -- That to secure these rights, Governments
are instituted among Men, deriving their just powers from the
consent of the government. That whenever any Form of Government
becomes destructive to these ends, it is the Right of the People to
alter or abolish it, and to institute a new Government, laying its
foundation on such principles and organizing its powers in such a
form, as to them shall seem most likely to effect their Safety and
Happiness. Prudence, indeed, will dictate that Governments long
established should not be changed for light and transient causes;
and accordingly all experience hath shown, that mankind are more
disposed to suffer, while evils are sufferable, than to right
themselves by abolishing the forms to which they are accustomed. But
when a long train of abuses and usurpations, pursuing invariably the
same Object evinces a design to reduce them under absolute
Despotism, it is their right, it is their duty, to throw off such
Government, and to provide new Guards for their future security. --
Such has been the patient sufferance of these Colonies; and is now
the necessity which constrains them to alter their former Systems of
Government. The history of the present King of Great Britain is a
history of repeated injuries and usurpations, all having in direct
object the establishment of an absolute Tyranny over these States.
To prove this, let Facts be submitted to a candid world. --"
What follows is an enumeration of particular abuses by Britain,
many of which were particular to that day. I shall not comment on
these except to say that one complain rings very literally true
today: "He has erected a Multitude of New Offices, and sent hither
swarms of Officers to harass our people, and eat out their
substance." We also are harassed by every conceivable kind of
regulatory agency, trivial law, and arrogant official which "eat our
substance" through confiscatory taxes that get us coming (income
taxes), standing (property taxes), and going (sales taxes).
Now for some relevant thoughts on the second paragraph:
- "We hold these truths to be self-evident, that all men
are created equal, that they are endowed by their Creator with
certain unalienable rights." Man is granted certain rights
by God. These rights precede the formation of any government.
Since governments are established by God and derive their
authority from him, they cannot legitimately take away rights
that have been graciously given by God.
- "That among these are Life, Liberty, and the pursuit of
Happiness." Notice it says, "among these are." This is not a
comprehensive list of man's rights. Even the Bill of Rights is
not a comprehensive list as indicated by the Ninth Amendment.
But our rights can be organized or classified under the headings
of life, liberty, and happiness.
- "That to secure these rights, Governments are instituted
among Men, deriving their just powers from the consent of the
governed." This demonstrates that governments are formed to
protect our rights, not to give them.
- "That whenever any Form of Government becomes destructive
of these ends, it is the Right of the People to alter or abolish
it, and to institute a new Government." This clearly
advocates dissolution of any government which does not act to
defend the rights of the people. Notice that "the People," that
is, individuals, have the right to make this adjustment. In our
present case, we do not need to change, abolish, or replace the
Constitution; what we need is to change our government so it
will conform -- by force if necessary -- to the Constitution.
- "Prudence, indeed, will dictate that Governments long
established should not be changed for light and transient
causes." No one should be quick to resist minor and isolated
abuses of power. These are inevitable in any government staffed
by human beings.
- "And accordingly all experience hath shown, that mankind
are more disposed to suffer, while evils are sufferable, than to
right themselves by abolishing the forms to which they are
accustomed." Americans have indeed suffered evil after evil
from the government -- infractions of free speech, gun
restrictions, exorbitant taxes, and violations of property and
state rights -- for a very long time.
- "But when a long train of abuses and usurpations,
pursuing invariably the same Object evinces a design to reduce
them under absolute Despotism, it is their right, it is their
duty, to thrown off such Government, and to provide new Guards
for their future security." For now we will not consider
whether or not such a systematic abuse of power exists in the
United States. What is important to note is that when systematic
abuses exist it is the people's (remember this means you and me,
not elected officials or law enforcement agencies) RIGHT and
DUTY to "throw off such Government."
If you become convinced that the federal government is bent on
systematic violations of our personal liberties, it is your moral
duty and obligation to join with others so convinced to restore true
liberty for all Americans.
This is a radical conclusion, but our forefathers were "radicals"
and this is the premise upon which our nation was founded and has
its being.
1.2.4 Guns are not the problem
Americans have a rich heritage of arming and organizing
themselves into militias. We have not even considered the Old West
where virtually everyone had a gun for self-defense. Nor have we
considered the fact that up until the turn of the century, states
required by law that every able-bodied adult male citizen possess a
gun and ammunition.
But aren't guns the cause of all kinds of evil? Ostensibly,
recent movements to restrict private gun ownership or use have been
intended to reduce accidents and violent crime. But facts simply do
not support this.
Fewer accidents occur with guns than by many other common
things in life.
- In 1987, there were only 1,695 accidental deaths involving
firearms in the United States (Alan Gottlieb, Gun Rights Fact
Book, 1988, p. 59).
- It is 26 times more likely that you will die in an auto
accident than by a gun accident (Alan Gottlieb, Gun Rights Fact
Book, 1988, p. 60). Yet there is no organized movement to ban
car ownership like there is for guns which are Constitutionally
protected.
- Accidents involving firearms have decreased by 42% from 1970
to 1983 (Alan Gottlieb, Gun Rights Fact Book, 1988, p. 60).
There is no basis for the belief that restricting gun
ownership or use will significantly reduce violent crime. While it
would be stretching the truth to say that gun ownership prevents
crime, it certainly does not cause it.
- Violent crimes such as murder have not been invented since
the advent of firearms but have occurred as long as sinful man
has existed. Crime is encouraged by culture and sin, not
mechanical instruments.
- Florida has the nation's highest violent crime rate and 8.6
gun dealers per 10,000 people. North Dakota has the lowest
violent crime rate and 25.8 gun dealers per 10,000 people. This
is consistent with crime and gun dealer rates in other states.
(U.S. News & World Report, 1/17/94). There is no correlation
between gun sales and crime.
- Gun control activists point to Great Britain as an example
of a country with strict gun control and low crime rates.
However, the British murder rate was lower than America's BEFORE
the instituted gun control and their rate of increase in murders
is FASTER than in the U.S. (Alan Gottlieb, Gun Rights Fact Book,
1988, pp. 77-78).
- The countries of Switzerland, Israel, Denmark, and Finland
have the world's very highest per capita gun ownership and some
of the world's lowest rime rates (Alan Gottlieb, Gun Rights Fact
Book, 1988, p. 78). Therefore, there is no correlation between
gun ownership and crime.
- Taiwan, Mexico, and Jamaica have much stricter gun control
than the U.S. and much higher murder rates. Since 1974,
possession of just a single bullet in Jamaica has been
punishable with life imprisonment! Yet Jamaica has six times as
many gun deaths per capita as our murder capital, Washington,
D.C. (Alan Gottlieb, Gun Rights Fact Book, 1988, pp. 78-79).
There is no correlation between gun laws and crime.
- The National Sheriff's Association, American Federation of
Police, and the National Police Officer's Association of America
all officially support gun ownership by law-abiding citizens
(Alan Gottlieb, Gun Rights Fact Book, 1988, p. 111).
So-called assault rifles are not the weapon of choice among
criminals. They are singled out for gun control not because they
threaten the law-abiding citizen but because they threaten an
unconstitutional government.
- One gets the impression from television and newspapers that
so-called assault rifles are responsible for most murders since
headlines often tell of maniacs shooting masses of people. In
fact, only 4% of homicides involve any kind of rifle and less
than 1% involve assault weapons (Alan Gottlieb, Gun Rights Fact
Book, 1988, pp. 150, 154).
- The anti-assault rifle craze in the media is analogous to
coverage of aircraft crashes. Although many more people are
killed in care accidents, it is the isolated case of an airliner
crash that gets the publicity because the story is more
sensational. Likewise, the coverage of murders with "assault
rifles" distorts the truth that assault rifles kill very few
people.
- In fact, military rifles are designed to wound rather than
kill. The .223 caliber cartridge of the M-16 is much lighter
than a .30-06 hunting rifle. Moreover, military cartridges have
"full metal jackets" to minimize tissue damage because killing
the enemy eliminates one soldier while wounding him occupies
several to remove him from the field and tend to his wounds.
- Furthermore, genuine assault rifles have not been legal for
private, unlicensed ownership since 1968. The Department of
Defense defines an "assault rifle" as a military rifle that
discharges multiple rounds with one pull of the trigger (i.e., a
machine gun). Today's focus is on semi-automatic weapons which
by definition are not assault rifles.
- No legally registered automatic assault weapon has ever been
used in a crime in the United States (Alan Gottlieb, Gun Rights
Fact Book, 1988, p. 149). Either such weapons are not used for
crime, or those who do use them totally ignore gun control laws.
- In Switzerland, every able-bodied adult male trains two or
three weeks each year in the army and is required to keep an
automatic assault rifle and ammunition in his home (Fodor's
Guide to Switzerland, pp. 60-61). Yet violent crime is virtually
non- existent in Switzerland.
Do not believe gun control activists who claim they only want to
regulate and not eliminate gun ownership and use by law-abiding
private citizens.
- Nazis in Denmark, the military in Greece, and officials in
Hungary have all used pre-existing gun owners lists to
confiscate weapons (Alan Gottlieb, Gun Rights Fact Book, 1988,
pp. 88-89).
- The stated purpose of Handgun Control is the elimination of
guns in the hands of private citizens. Waiting periods and
registration are simply the tactical first step towards
disarming the public totally ("Handguns Under Heavy Fire,"
3/13/94, p. B-6).
1.2.5 Discussion questions
What were your first impressions of Patrick Henry when you read
his speech? Do you think he was a realist or an alarmist? Subversive
or patriotic? Principled or power-hungry? Bold or foolhardy?
Read Patrick Henry's speech again in the light of today's
situation (substitute America for Great Britain, Congress for
Parliament, etc.). Using a highlighter, highlight the statements and
ideas that apply now. What are the main parallels between Patrick
Henry's day and ours?
Patrick Henry said, "Give me liberty or give me death!" Christian
theologian Loraine Boettner wrote, "We desire peace, but not the
kind that is found in the slave camp or cemetery." What do you say?
Why do you suppose that the American Revolution was ignited over
guns instead of taxes, even though taxes had been the main issue for
so long?
What is your definition of a "right" and where do rights come
from?
What is the purpose of the government and where does it gets its
authority?
What is the proper, just, and moral response of an American
citizen to a government which systematically violates the
"unalienable rights" of the people? Why?
If a person would publicly advocate the ideas of Patrick Henry or
the principles embodied in the Declaration of Independence today,
how do you think he would be labeled and treated by the federal
government? By the news media? By the typical American citizen?
What does this tell you about the direction this nation is
headed?
What was your initial reaction when you read the statement, "If
you become convinced that the federal government is bent on
systematic violations of our personal liberties, it is your moral
duty and obligation to join with others so convinced to restore true
liberty for all Americans"? What is your reaction after having time
to reflect upon it?
Are you ready, willing, and able to join in such a cause provided
that you are convinced your personal liberties are in peril? What
are your reasons?
Do you believe that wide-spread gun ownership causes crime,
prevents crime, or is virtually irrelevant to the issue? Why?
Do you think it is a virtue or a vise to own an "assault rifle"?
Why?
The main ideas of this section
American patriots took up arms against the British and began
the revolution only when -- and precisely because -- the British
attempted to disarm them.
Our country sprang into being and is founded on the principle of
ordinary citizens like you and me arming and organizing ourselves to
fight tyranny.
If you become convinced that the federal government is bent on
systematic violations of our personal liberties, it is your moral
duty and obligation to join with others so convinced to restore true
liberty for all Americans.
There is no basis for the belief that restricting gun ownership
or use will significantly reduce violent crime. While it would be
stretching the truth to say that gun ownership prevents crime, it
certainly does not cause it.
So-called assault rifles are not the weapon of choice among
criminals. They are singled out for gun control not because they
threaten the law-abiding citizen but because they threaten an
unconstitutional government.
Further reading
At the very least, you should obtain, read, and absorb a copy of
the Declaration of Independence.
If you desire to read and study these issues in more depth, I
recommend the following books available from the Free Militia.
Gottlieb, Alan. Gun Rights Fact Book (Bellevue,
Washington, Merrill Press, 1988), 168pp.
Gottlieb, Alan. The Rights of Gun Owners (Bellevue,
Washington, Merrill Press, 1981), 235 pp.
Henry, William Wirt. Patrick Henry: Life, Correspondence and
Speeches (Harrisonburg, Virginia, Sprinkle Publications, 1993
reprint), 3 volumes, 1946 pp. Written by the patriot's grandson.
Norval, Morgan. Take My Gun If You Dare! (El Dorado,
Arkansas, Desert Publications, 1979), 103 pp.
Syrett, Harold C. (editor). American Historical Documents
(New York, New York, Barnes & Noble, 1960), 427 pp. Excerpts and
complete texts of important legal documents from 1606 through 1962.
Tyler, Moses Coit. Patrick Henry (New York, New York, Bert
Franklin, 1898/1970), 454 pp. This is a fantastic and arousing
biography of the great patriot. I highly recommend it.
1.3 The right to arm and organize
Memorize: "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." -- Second Amendment to the
Constitution of the United States
1.3.1 The text of the Bill of Rights
Up to this point we have considered moral principles and human
opinions, not the law. To be sure the Declaration of Independence
represents a well-nigh universal opinion existent in the American
colonies in 1776. But we have yet to establish the legal basis for
forming militias. The Bill of Rights is the cornerstone of American
liberty and the final court of appeal for our personal freedoms.
Since many citizens are not familiar with the Bill of Rights, and
since our public education system does an inadequate job of
expounding upon them, the complete text is reproduced here for
reference.
Article I -- Congress shall make no law respecting the
establishment of religion, or prohibiting the free exercise thereof;
or abridging the freedom of speech, or of the press, or of the right
of the people peaceably to assemble, and to petition the Government
for a redress of grievances.
Article II -- 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.
Article III -- No soldier shall, in time of peace be
quartered in any house, without the consent of the Owner, nor in
time of war, but in a manner to be prescribed by law.
Article IV -- The right of the people to be secure in
their persons, houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and no Warrants shall
issue, but upon probable cause, supported by Oath or affirmation,
and particularly describing the place to be searched, and the
persons or things to be seized.
Article V -- No person shall be held to answer for a
capital or otherwise infamous crime, unless on a presentment or
indictment of a Grand Jury, except in cases arising in the land or
naval forces, or in the Militia, when in actual service in time of
War or public danger; nor shall any person be subject for the same
offense to be twice put in jeopardy of life or limb; nor shall be
compelled in any criminal case to be a witness against himself, nor
be deprived of life, liberty, or property, without due process of
law; nor shall private property be taken for public use, without
just compensation.
Article VI -- In all criminal prosecutions, the accused
shall enjoy the right to a speedy and public trial, by an impartial
jury of the State and district wherein the crime shall have been
committed, which district shall have been previously ascertained by
law, and to be informed of the nature and cause of accusation; to be
confronted with the witnesses against him; to have compulsory
process for obtaining witnesses in his favor, and to have the
Assistance of Counsel for his defense.
Article VII -- In suits at common law, where the value in
controversy shall exceed twenty dollars, the right of trial by jury
shall be preserved, and no fact tried by a jury, shall otherwise be
reexamined in any Court of the United States, than according to the
rules of the common law.
Article VIII -- Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and unusual punishments
inflicted.
Article IX -- The enumeration in the Constitution, of
certain rights, shall not be construed to deny or disparage others
retained by the people.
Article X -- The powers not delegated to the United States
by the Constitution, nor prohibited by it to the States, are
reserved to the States respectively, or to the people.
These are some of the "unalienable rights" we possess as
human beings and which must be protected by the state and federal
governments. They are not, necessarily, all-inclusive as Article IX
indicates and as subsequent amendments (like Article XIII against
slavery) have demonstrated. But they are the bare minimum of what we
are Constitutionally guaranteed.
Note also that the Constitution provides for the legal amendment
of itself (Article V of the main text). But while there are many
parts of the Constitution that are subject to debate and amendable,
the Bill of Rights are not. The Declaration of Independence rejects
the notion that genuine rights can be annulled by any government or
any majority.
We may, for instance, proceed on Constitutional grounds to debate
whether the President's term should be four or six years, whether
Congress should have the power to lay and collect income taxes, and
whether the Supreme Court should be appointed or elected. But we
cannot ever consider licensing free expression, invading homes
without warrants being issued on probable cause, convicting those
arrested without trial, or the like.
1.3.2 The meaning of the Bill of Rights
There are three concepts essential to a proper interpretation of
the Bill of Rights. These are original intent, the people, and
rights.
Original intent
There are basically two ways to interpret any document written by
someone else. The wrong way is to interpret it the way we want to
interpret it in light of our personal prejudices and cultural
pressures. This is routinely the way our present Congress and court
system actually do interpret the Constitution. The right way is to
interpret it as those who wrote it intended it to be interpreted.
This is what is meant by the Constitutional doctrine of original
intent. According to this approach, we are not so much interested in
the legal precedents handed down in previous court cases as we are
in the historical context of drafting and ratifying the
Constitution.
Now of course there are situations and issues that have come up
in modern times which the Framers could not have known about and
therefore had no direct intentions concerning. But their intent
should be held to as closely as possible. For instance, the Framers
could not have possibly envisioned the advent of radio and
television. Yet their intention was for all forms of press to be
free and therefore radio and television journalism should remain
free even though they are a new technology. The Framers also could
not have anticipated the invention of the telephone or wire tapping.
But their intention was certainly that such forms of communication
to be free from unreasonable surveillance and searches via wire
taps. In the same way, automatic weapons were not a reality in the
eighteenth century. But that does not mean that they are not
protected by the Second Amendment. To say that machine guns are not
protected because they were non-existent when the Constitution was
drafted would also mean that radio and televisions journalism are
not protected forms of press, and that telephone conversations may
be recorded without warrant because these are all new technological
developments.
This tangent shows that what we mean by original intent is not
that we have exactly and only the same circumstances in mind as the
Framers but that we have exactly and only the same principles in
mind. Circumstances, technology, and culture may change, but
Constitutional principles do not and cannot.
Now the reason that seeking original intent is so important to
our Constitutional rights is that ignoring this principle inevitably
leads to infringing our rights. Rights are routinely violated by the
federal government because the courts ignore original intent and
interpret the Constitution to suit their whims or to satisfy public
pressure.
Now let's say that you and some friends sit down to lay a board
game like Monopoly. Perhaps you agree to play by the rules. Or
perhaps you unanimously agree to play by "house rules" and modify a
few rules here or there. Either way, all of you agree to proceed
with the game on the same basis. Now if some of the players -- even
a majority -- choose to reinterpret the rules later in the game this
would be viewed as cheating. If such cheating persisted to the point
of altering all the rules in the majority's favor and against the
minority, then one could hardly blame the minority from quitting the
game. Cheating is cheating even if it is done by a vast majority!
Today, the Bill of Rights is being reinterpreted by political
officials for the "benefit" of the majority. But such
interpretations are clearly contrary to the true meaning of the Bill
of Rights. It doesn't matter how strong a majority wants to change
these rules, it is cheating nevertheless to change the rules by
reinterpretation instead of making legal amendments to the
Constitution.
It is clear that our Congress and court system generally reject
the doctrine of original intent from the following facts:
- The emphasis on Constitutional cases is virtually always on
legal precedent rather than on the historical background. What
matters to the Supreme Court is what they have previously
decided, not what the Framers intended.
- Those who assert legal cases on the basis of original intent
instead of legal precedent are ridiculed and opposed as
dangerous radicals. (A good example of this is the outpouring of
opposition to Richard A. Epstein's book, Takings: Private
Property and the Power of Eminent Domain. It is considered
subversive because it argues from the Constitution that our
present tax structure and welfare programs violate the intended
meaning of the Fifth Amendment.)
- Congressmen frequently ignore whether or not a pending bill
is Constitutional when they consider voter for or against it.
What matters to them is the prevailing public opinion, not the
Framers' opinions.
- Judges who openly hold to the idea of original intent, like
Robert Bork, are rejected by the Senate for confirmation to the
Supreme Court exactly because of their method of interpreting
the Constitution.
It is clear that any approach to interpreting the meaning of the
Constitution apart from original intent is futile. Apart from what
the Framers meant there is no rule of law. If we can make it mean
whatever we want it to mean, then there is no way of coming to
agreement over a controversial or divisive issue since controversy
means by definition that we disagree on what is right. Apart from
original intent, we break faith with those who founded this great
nation. How do you like it when people interpret the Bible to suit
their fancy instead of as God meant it? How would you like it if
your lawyer and heirs simply reinterpreted your will to suit their
personal greed? Documents mean what their authors meant!
The only way that the Constitution has any meaning and can
serve as the governing document of this country is if we follow its
original intent.
"The people" means individuals
The next idea we must examine to understand the Bill of Rights is
"the people." The Bill of Rights recognized three entities which are
to be governed and united under the Constitution. First, there is
the United States which refers to the federal government. Second,
there is the states which refers initially to the first thirteen and
now to the fifty state governments. Finally, there is the people
which refers to individual citizens, not the federal or state
governments. It is "the right of the people to peaceably assemble."
It is "the right of the people to keep and bear Arms." It is "the
right of the people to be secure in their persons, houses, papers,
and effects." And other unmentioned rights are to be "retained by
the people."
All the rights of the people, indeed all of the first nine
amendments, are rights we have as individuals and are limitations on
the state's powers.
This is a very important point. The framers were very clear and
consistent in who they attributed certain rights to. "The people
always refers to individuals, not groups or governments. Indeed, the
first nine amendments are solely rights guarantied to the people.
Only the Tenth Amendment guaranties rights to state governments, and
none, count them, none, recognize any rights of the federal
government. The whole of the Bill of Rights was intended as
limitation of government, not an empowering of it. So we do great
violence to the intended meaning whenever we twist "the people" to
mean collective groups or state governments.
The concept of rights
This brings us to the concept and nature of rights. Rights are
not a privilege that can be taken away. Nor are they franchise
granted by the government. A right is something a human being
possesses as a birthright given by God. They cannot be denied,
legislated away, or amended into oblivion by any majority short of
100 percent.
The fact that rights are unalienable by any government and cannot
be outweighed by the interests of the majority is incontestable.
- God is greater than any government. "Everyone must submit
himself to the governing authorities, for there is no authority
except that which God has established. The authorities that
exist have been established by God" (Romans 13:1). Therefore,
governments and other people have no authority to take away
anything -- including rights -- given by God.
- God has in fact given human beings certain rights. For
instance, following the Ten Commandments, Exodus 21 outlines our
right to life and Exodus 22 outlines some of our property
rights.
- The Declaration of Independence says so. "We hold these
truths to be self-evident, that all men are created equal, that
they are endowed by their Creator with certain unalienable
Rights, that among these are Life, Liberty and the pursuit of
Happiness. -- That to secure these rights, Governments are
instituted among Men ..."
- The Ninth Amendment to the Constitution says so. "The
enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people."
So even the Constitution recognizes that it does not and cannot
grant or take away rights but can only recognize and guaranty
them.
- The common notion of human rights implies as much. We often
talk about some foreign government or regime depriving its
citizens of basic human rights. This has no meaning if it is the
government or the ruling majority that grants rights. If the
ruling authorities grant rights, then by definition no
government could ever violate them.
We do not have majority rule. The whole Constitution -- with its
system of checks and balances as well as the rights of the people --
is designed to prevent personal liberties from being by a tyranny of
the majority.
1.3.3 The structure of the Bill of Rights
The primary right of the people is personal liberty. All
government functions are designed to insure personal liberties. The
Constitution's Preamble states the Constitution's (and thus the
government's) purposes:
"PREAMBLE: We the people of the United States, in Order to
form a more perfect Union, establish Justice, insure domestic
Tranquility, provide for the common defence, promote the general
Welfare, and secure the Blessings of Liberty to ourselves and our
Posterity, do ordain and establish the Constitution for the United
States of America."
All of these purposes serve the final purpose of securing
liberty: justice is established so institutions and majorities will
not abuse our liberties. Domestic tranquility is secured lest
criminal elements trample liberties. The common defense is provided
for so foreign powers will not invade and enslave us. The "general
welfare" (which benefits everyone, not select groups) must be
promoted for the sake of fostering liberty. (Roads and mail, for
example, benefit all citizens by allowing free movement, trade, and
communication.) These are the sole legal purposes of the federal
government and each is subordinate to maintaining the blessings of
liberty.
This pattern of subordinating everything to personal liberties is
also found in the Bill of Rights. The First Amendment protects
freedom of religion, speech, and the press. The remainder of the
Bill of Rights is subordinate to free expression, not in the sense
of being less important, but in the sense of insuring First
Amendment rights. Therefore the Second through Tenth Amendments are
designed to protect the First Amendment.
- Article II: Gun rights are the "teeth" of the Bill of
Rights, meaning that the people are empowered to enforce it
against being infringed.
- Articles III, IV, and V: Property rights give us a
limited sphere of "personal sovereignty" where we can live
freely without intervention.
- Articles V, VI, VII, and VIII: Legal rights prevent
the government from persecuting those who speak out against
federal policies or practices.
- Article IX: The rights retained by the people are
anticipated as a contingency against the government inventing
all sorts of new powers.
- Article X: State rights divide and dilute the powers
of the federal government. The more centralized the power the
greater the tyranny.
| FREE THOUGHT AND
EXPRESSION (the essence of liberty) |
GUN RIGHTS
(enforce liberty) |
PROPERTY RIGHTS
(sphere of liberty) |
LEGAL RIGHTS
(prevent persecution) |
| UNENUMERATED RIGHTS
(limit the expansion of federal powers) |
| STATE RIGHTS (divide
and dilute the federal government's powers) |
The Bill of Rights has an integrity that can only be
maintained as each of its part remain intact. Eliminate a part, and
the whole will crumble.
1.3.4 The meaning of the Second Amendment
Now let's examine the meaning of the Second Amendment as it was
originally intended as an integral to the whole of the Bill of
Rights.
"Article II: 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."
All of these -- regulation, licensing, registration, taxation,
prohibition -- are totally unconstitutional with respect to arms
useful to a militia.
- Regulation of guns is illegal if it is designed to reduce
the supply or availability of them to the public. There is no
difference in principle between limiting production and sales of
guns and banning possession of guns. Both have the same effect
of disarming citizens.
- Licensing means the government gives permission to do
something like driving a car and is totally contrary to the
nature of a right. What would you think about the government
"licensing" your religion or free speech? Having permission and
having the right are incompatible.
- Registration means you must list your gun with the
government which is also contrary to a right. How would you feel
about Christians having to register Bibles and newspapers having
to register printing presses?
- Taxation of guns is also illegal if the taxes exceed the
normal sales tax because this artificially raises the cost and
limits the citizens' ability to purchase guns. The $200 transfer
tax on automatic weapons is a good example of an illegal tax
intended to restrict ownership.
- Prohibition is clearly unconstitutional as the ultimate
infringement of gun rights since it absolutely bans their
possession and use. Even limiting gun purchases to one gun per
month is an infringement of gun rights since it slows the arming
of a militia when a crisis develops.
1.3.5 Discussion questions
How much of the Bill of Rights were you familiar with before
reading this section? Which of these rights were you unaware of or
surprised by? Why are these rights so important?
Describe what we mean by original intent. Why is it critical that
we interpret the Bill of Rights this way instead of any way we see
fit?
What are some Constitutional limits on majority rule? Why are
such limits placed on the majority? Are such limitations justified?
Why? When do the interests of the majority outweigh the rights of
the individual?
Which one or two rights guarantied by the Constitution are most
"near and dear to your heart"? Why? Does the fact that you decide
not to exercise some of your rights diminish their importance? Why?
Main ideas of this section
The only way that the Constitution has any meaning and can
serve as the governing document of this country is if we follow its
original intent.
All the rights of the people, indeed all of the first nine
amendments, are rights we have as individuals and are limitations of
the state's powers.
We do not have majority rule. The whole Constitution -- with its
system of checks and balances as well as the rights of the people --
is designed to prevent personal liberties from being denied by a
tyranny of the majority.
The Bill of Rights has an integrity that can only be maintained
as each of its parts remain intact. Eliminate a part, and the whole
will crumble.
Select-fire assault rifles like the M-16 are the most
Constitutionally protected firearms precisely because they are
standard industry weapons.
All of these -- regulation, licensing, registration, taxation,
prohibition -- are totally unconstitutional with respect to arms
useful to a militia.
Further reading
At the very least, you should obtain, read, and absorb a copy of
the Constitution of the United States in its entirety.
If you desire to read and study these issues in more depth, I
recommend the following books available from the Free Militia:
Barnett, Randy E. (editor). The Rights Retained By the People:
The History and Meaning of the Ninth Amendment (Fairfax,
Virginia, George Mason, 1989), 416pp.
Cord, Robert L. Separation of Church and State: Historical
Fact and Current Fiction (Grand Rapids, Michigan, Baker Book
House, 1988) 315pp.
Epstein, Richard A. Takings: Private Property and the Power of
Eminent Domain (Cambridge, Massachusetts, Harvard University
Press, 1985) 362pp.
The Gun Rights Activist, "The Epistemology of Liberty,"
contributed by Herb Campbell, Ron Jongeling, Bruce Knodel, and Rev.
Steve Lineman (Hermatage, Pennsylvania, 1994).
Norval, Morgan. Take My Gun If You Dare! (El Dorado,
Arkansas, Desert Publications, 1979), 103pp.
1.4 The reasons to arm and organize
Memorize: "That whenever any Form of Government
becomes destructive of these ends, it is the Right of the People to
alter or abolish it, and to institute a new Government." --
Declaration of Independence
1.4.1 Our civil rights are threatened
The Bible says that you are morally justified to arm yourself and
band with others who love liberty. American history shows that you
stand in a great tradition if you arm and organize yourself. The
Constitution clearly recognizes your legal right to possess firearms
and join a militia. But should you want to?
The U.S. Army field manual on Guerrilla Warfare (FM 31-21,
September, 1961, page 5) says: "Resistance movements begin to form
when dissatisfaction occurs among strongly motivated individuals who
cannot further their cause by peaceful or legal means."
So we must ask ourselves: Is there any reason to suspect that my
personal liberties are in jeopardy? Is there any indication that the
government is systematically threatening my rights? Is there any
possibility that a tyranny could be established in the United
States?
Affirmative answers to any of these questions should arouse our
fervor for liberty and motivate us to spring immediately and
effectively to arms.
It will now be demonstrated that our liberties are in jeopardy,
that our rights are systematically threatened, and that tyranny can
happen in the United States. (I am not saying it will, I'm saying it
could happen.) We will demonstrate this by examining the status of
our civil, gun, property, and state rights. First, here are some
examples of violated civil rights:
The right to life (Fifth Amendment):
- For a generation we have had legalized abortion which denies
the right of the unborn child to live. While an individual's
right to privacy cannot be restricted by the interests of any
majority, they are restricted by other individual rights. The
Declaration of Independence and Bible both imply that the right
to life is superior to privacy.
- President Clinton's proposed health care program will
include "reproductive services" like abortion (Senator John
Glenn, form letter to constituents, 1/5/94). Not only will
abortion be legal, but every hospital will be required to
perform them and public funds will be used to pay for them.
- This means we are approaching the situation in communist
China where abortions are mandated by the state for all but the
firstborn child.
- President Clinton's health care program will include built-
in euthanasia for "undesirable" patients. If the state
determines that you are too old, too disabled, or too mentally
ill to lead a "quality" life, medical care can and will be
denied. (National Right to Life Committee high priority
communication, 1994, p. 2.)
Freedom of religion (First Amendment):
- In the city of ----- it is technically illegal to conduct a
worship service or church gathering in a private residence.
While this is rarely enforced, the fact that it is law says a
lot! This is somewhat typical of municipal zoning regulations
against churches.
- Attempts have recently been made to require state
certification of private school teachers and homeschoolers.
While the attempts have failed for now, it is incomprehensible
that legislators and congressmen even consider such measures in
light of the First Amendment. Remember: licensing means state
permission and certification means state control!
- The American 2000 education program is designed to
standardize the curriculum in and centralize control of all
public schools by imposing "outcome based" education on all
school districts.
- J. Gresham Machen wrote, "A public-school system, if it
means the providing of free education for those who desire it,
is a noteworthy and beneficent achievement of modern times; but
when once it becomes monopolistic it is the most perfect
instrument of tyranny which has yet been devised" (Christianity
& Liberalism, Eerdmans, 1923, p. 14).
- It is a well-known communist tenet that if you can control
the education of one generation, you will control the government
and lives of all subsequent generations.
Freedom of the press (First Amendment)
- The Federal Communication Commission (FCC) regulates the
radio and television industry. While it is practically necessary
to specify which stations can use which frequencies, it is
unconstitutional for the FCC to base station licensing on the
content of its programming.
- The Corporation for Public Broadcasting is a federal agency
that funds public television. PBS is by its very nature
informational. Thus we have a situation that in principle
approaches having a state news agency like foreign dictatorships
and autocratic governments have.
- At various times it has been required that radio stations
and TV networks give equal time to political candidates or
views. The present push towards the Fairness Doctrine in
broadcasting is a case in point. While this is a sound practice
for objective journalism, it violates the First Amendment for
the government to mandate which political views are aired and
how much coverage they should receive.
Searches and seizures (Fourth Amendment)
- At one time when I was in high school, the sheriff's
department routinely pulled over and searched any and all cars
carrying teenagers between two towns that had rival gangs. No
warrants were issued, and the only "probable cause" for criminal
intent was the mere fact that occupants happened to look like
teenagers. This sort of thing happens all the time in America
and is rarely contested in the courts.
- The Internal Revenue Service routinely has access to all of
your bank records, including microfiche copies of checks
identifying who you do business with and what you buy, without a
warrant (Mark Skousen, Mark Skousen's Complete Guide to
Financial Privacy, chapters 1 and 2, 1979).
- It has been alleged -- although I have not confirmed it --
that laws are on the books which permit unlimited and
unwarranted wire taps of private telephone lines provided that
they are not used in court. But the Fourth Amendment does not
concern court- related surveillance but any surveillance at all
by any government official or agency!
1.4.2 Our gun rights are threatened
In case you think your right to keep and bear arms is secure,
just consider the following (much of this happened just in 1993-
1994).
Historical gun control
- Some of the first American gun control laws were intended to
keep black slaves and even free blacks from owning guns lest
they free themselves (Alan Gottlieb, Gun Rights Fact Book,
1988, p. 129). Many of today's gun control initiatives are
veiled attempts by the American elite to keep guns out of the
hands of the poor and blacks.
- Nazis in Denmark, the military in Greece, and officials in
Hungary have all used pre-existing registered gun owners lists
to confiscate weapons when they invaded or came to power (Alan
Gottlieb, Gun Rights Fact Book, 1988, pp. 88-89).
- The U.S. 1968 Gun Control Act is a word-for-word translation
of Adolf Hitler's German gun control laws of 1938 Nazi Germany
(T.C. Fry and Tony Lavinge, "Are You Aware That ...", American
Freedom Network).
Gun regulation
- The Brady Bill was passed and signed into law by President
Clinton requiring a five-day waiting period and criminal
background check for all handgun purchases in late November,
1993 and was effective 3/1/94.
- Treasury Secretary Lloyd Bentsen (who oversees the Bureau of
Alcohol, Tobacco, and Firearms or BATF) proposed raising the
licensing fee for gun dealers from $66 to $600 per year for the
express purpose of putting 200,000 out of 284,000 American gun
dealers out of business. (Wall Street Journal, 1/5/94, p.
A1).
Gun licensing
- The 1968 Gun Control Act outlaws the possession of all
automatic weapons and "short-barreled" rifles or shotguns unless
they are licensed by and registered with the BATF.
- Virtually all municipalities require a person to have a
"carry permit" or license to openly carry a loaded gun in his or
her car or on the street or to carry any concealed weapons on
his or her person.
Gun registration
- A yellow federal form must be completed for every purchase
of a gun from a dealer. These forms include your name, address,
type and serial number of the gun bought, and answers to several
questions. While this is not called "registration" because the
records are kept by the dealer only, the BATF is allowed to make
a warrantless search of these records each year and may "borrow"
them for further inspection and perhaps copying (Up to Date,
"BATF Abuses of Gun Owners' Rights," The Second Amendment
Foundation, 1994).
- All guns must be registered in states such as Illinois and
New York.
- Treasury Secretary Lloyd Bentsen proposed registration of
"street sweeper" semi-automatic shotguns because they have no
sporting use (U.S. News & World Report, 3/14/94). What
about militia use?
Gun taxation
- The 1968 Gun Control Act outlaws the possession of automatic
weapons without a $200 transfer tax being paid to the BATF.
- It is now seriously being considered that a sharp tax be
placed on certain kinds of ammunition to help fund the national
health program.
- Treasury Secretary Lloyd Bentsen also proposed a sharp tax
increase on "street sweeper" semi-automatic shotguns because
they have no sporting use (U.S. News & World Report,
3/14/94).
Gun prohibition
- Former Governor Wilder of Virginia proposed that citizens of
Virginia be limited to the purchase of one gun per moth. Similar
proposals are even now being pressed and considered in the U.S.
Congress.
- Foreign assault rifles are banned for import and sale in the
U.S.
- The city of Cleveland passed an outright ban on the sale and
ownership of semi-automatic "assault rifles" in 1989 and the
Ohio Supreme Court upheld as "Constitutional" this law in 1993.
("Crime Fighters Have a New Tool in Deadly Work," 8/22/93, p.
A-1).
- Columnist Bob Greene of The Chicago Tribune has
proposed abolishing the Second Amendment altogether and
enforcing gun bans by sweeping house-to-house police searches
and seizures for all guns ("A Gun-Free Nation? Just Think About
It," 8/28/93, p. 2).
- Sarah Brady of Handgun Control wants national gun control
laws, a ban on semi-automatic "assault rifles," and says, "It
simply doesn't make any sense at all for private citizens to be
permitted to buy military equipment that was designed solely for
killing people in combat" (Sarah Brady, Handgun Control
newsletter, p. 2, 1993).
- The U.S. Senate voted 56-43 to ban "19 specific assault
weapons" and all detachable magazines that hold more than 10
rounds on November 17, 1993 (Wall Street Journal,
"Senate, 56-43 Votes," 11/18/93, p. A24).
- The House is also debating banning assault weapons and 10+
round magazines ("Reports from Washington," February 1994).
Gun law enforcement abuses
- The BATF is known to have routinely and intentionally given
false answers to inquiries about gun regulations so they could
raid the person's house and arrest them (Up to Date, "BATF
Abuses of Gun Owners' Rights," the Second Amendment Foundation,
1994).
- The BATF raided the Branch Davidian compound in Waco, Texas
although all charges were previously investigated and dropped,
using falsified information to obtain a warrant, by shooting
first, and by misinforming the public (Waco: The Big Lie,
video tape, 1993).
- The BATF attempted to entrap Randy Weaver in Idaho. When he
refused to become one of their henchmen, his cabin was put under
24-hour BATF surveillance, leading to a surprise confrontation
that left Weaver's son and wife dead and Weaver acquitted of any
wrongdoing ("It Could Happen to You," by Charlie Reese, 1/11/94,
p. 4).
New anti-gun developments as of 3/26/94
In the couple of weeks since printing this material several
attacks on gun rights have come to my attention which deserve being
mentioned.
First, the Senate-approved ban on semi-automatic weapons which is
now pending in the House (a vote is expected around April 1, 1994)
actually would ban much more than politicians admit. Supposedly, it
would ban only specific models such as the TEC-22, TEC-9, AK-475,
Uzi, Galil, AR-70, MAC-10, MAC-11, MAC-12, AR-15, and Steyr AUG to
name just a few. However....
- The BATF admits that 26 other models of firearms would be
banned by the language of this bill. This is 45 firearms, not 19
as claimed.
- Furthermore, any semi-automatic with a detachable magazine
would also be banned if it has any two additional military
features such as a folding stock, pistol grip, bayonet lug,
flash suppressor, etc.
- If the bill becomes law and you own one of these firearms,
you will have 90 days to surrender your rifle or to register it.
After that, non-compliance could result in a $1,000 fine, six
months in prison, and permanent loss of any right to own any
firearm forever!
Second, as if this is not bad enough, on February 28, 1994,
Congressman Schumer and Senator Metzenbaum introduced legislation
which advocates:
- Banning magazines that can hold more than six rounds of
ammunition and an outright ban on all "Saturday night specials"
or cheap handguns.
- Federal registration and licensing of all handguns in the
United States and limiting purchases of handguns to only one gun
per month.
- Making all gun shows and gun sales illegal, requiring gun
dealers to sell only at their one licensed place of business,
and raising the gun dealers license fee to a staggering $1000
per year.
- Imposing a 30 percent tax on all handgun sales and a 50
percent tax on all handgun ammunition sales.
- Requiring individuals to obtain an "arsenal license" if they
own more than 20 firearms or if they own more than 1000 rounds
of ammunition.
- These "arsenal licenses" would cost $300, be subject to
government approval, and would require BATF inspections (i.e.,
invasions) of your home three times per year to maintain.
The really subversive thing about these two bills is that they are
aimed at limiting militias more than at limiting crime. Military
features on rifles like folding stocks, pistol grips, and flash
suppressors are useful on a battlefield but immaterial in committing
a murder or bank robbery. How many criminals bayonet someone?
Moreover, limiting the amount of ammunition we can own to 1000
rounds does not do anything for violent crime. It only takes one
loaded magazine holding a few rounds to knock over a bank or blow
someone's brains out. But it takes an "arsenal" of thousands of
rounds of ammunition to be ready to oppose the government.
1.4.3 Our property rights are threatened
Your property rights are also under attack. Virtually everything
possible is being done to take away whatever wealth you have.
Taking property without a trial (Fifth Amendment)
- The Fifth Amendment states: "nor be deprived of life,
liberty, or property, without due process of law."
- The Internal Revenue Service has the power to put a lien on
your house, attach your paycheck, and confiscate your property
without a trial by jury and without your conviction if they
unilaterally determine that you have evaded taxes (Tax
Loopholes: Everything the Law Allows, Boardroom Classics,
1993).
- Various police departments across the country routinely
confiscate homes, cars, and other possessions of those arrested
for dealing in drugs and sell these properties to raise funds
before the person arrested has been convicted of wrongdoing by a
jury and whether or not it is demonstrated that drug money was
used to buy the property.
Taking property for public use (Fifth Amendment)
- The Fifth Amendment also states: "nor shall private property
be taken for public use, without just compensation."
- The use of your property can and is restricted by municipal
zoning codes, state and federal environmental laws, and other
governmental regulations for "the public good," even if the use
of the property that is forbidden does not harm the lives or
property of others.
- All of these regulations somehow limit the personal use of
the property and many limit or reduce the property's commercial
productivity or value on the real estate market.
- While the courts recognize that these practices reduce the
uses and value of private property, they have ruled they are
Constitutional because they are only "partial takings" not total
takings of property (Richard A. Epstein, Takings: Private
Property and the Power of Eminent Domain, Harvard, 1985). In
other words, it is legal for the government to seize your
property -- without compensation -- as long as they don't take
all of it!
Income taxes are unconstitutional
- Originally income taxes were illegal because the
Constitution required all taxes to be apportioned among the
states proportional to their populations, not their incomes.
- The 16th Amendment, which permits federal income taxes, was
not ratified in the same language by three fourths of the United
States as required by Article V of the Constitution and is
therefore invalid. The approved wording was different in
different states and therefore they ratified different
amendments! ("Is Income Tax Un-American and Illegal?", July and
August, 1993, pp. 14-16).
- The courts refuse to cast down the 16th Amendment even
though it was not legally ratified.
Progressive taxes are unconstitutional
- As we have seen, the Fifth Amendment prohibits taking
property for public use without compensation.
- State and federal income taxes are "progressive" taxes
meaning that the higher your income, the higher the percentage
of your income you pay in taxes. The purpose and effect of this
progressive tax structure is to redistribute wealth from one
group to another. High wage earners are taxed to fund welfare
and other entitlements. In other words, their property (money)
is taken for the public good without compensation in total
violation of the Fifth Amendment.
- The fact that this tax structure is propped up by a majority
consensus is immaterial. "The Bible says, 'Thou shalt not
steal.' It does not say, 'Thou shalt not steal, except by
majority vote'" (Gary North, "Free Market Capitalism" in
Wealth & Poverty: Four Christian Views of Economics, edited
by Robert G. Clouse, InterVarsity, 1984, p. 41).
Excessive taxes are unconstitutional
- At the time of the American Revolution, European-type
serfdom was considered a form of slavery and consisted of paying
25% of a peasant's productivity from farming land to the
landlord.
- For 1993, American tax rates were as follows for a family
with a taxable income of $25,000:
| Social Security |
12.40% of income |
(Half paid by employer) |
| Medicare |
2.90% of income |
(Half paid by employer |
| Federal income tax |
15.00% of income |
(Up to 39.6% for rich) |
| Income tax |
2.67% of income |
(Up to 7.5% for rich) |
| County 5% sales tax |
2.00% of income |
(All money isn't spent) |
| County property taxes |
3.00% of income |
| City income tax |
1.75% of income |
| Total |
39.72% of income |
(Up to 69.15% on rich) |
- This does not include hidden taxes like employer
contributions to workers compensation (between 2% and 14%!),
gasoline taxes, tariffs on imported goods, "sin" taxes on
tobacco and alcoholic beverages, and so on, and so on, and so
on. Therefore today's typical American citizen can pay between
40% and 70% of his income or productivity in the form of some
kind of tax.
- The tax system is thus a subtle form of slavery and violates
the 13th Amendment to the Constitution of the United States
(Robert J. Villella, "A New Declaration," July/August 1993, p.
17).
Hotel taxes are unAmerican
- States and communities commonly tax hotels, amusement parks,
and some restaurants at higher rates than other businesses.
Generally this "hotel" tax is two or three times as high as the
area's sales tax.
- The obvious purpose of such taxes is to make tourists from
out of town pay higher taxes than the locals. As the maxim says,
"Don't tax you, and don't tax me. Tax that man behind the tree!"
- This practice is clearly contrary to the American principle
of "no taxation without representation!
1.4.4 State rights are non-existent
The state rights guarantied by the Tenth Amendment are
universally ignored by every branch of the federal government.
The way things should be
Article X of the Bill of Rights states: "The powers not delegated
to the United States by the Constitution, nor prohibited by it to
the States, are reserved to the States respectively, or to the
people." Unless the Constitution specifically grants a power to a
branch of the federal government, or says that states cannot do
something, it is presumed that the authority and power rests with
the states. In other words,
Whenever there is a conflict between the laws of federal and
state governments, the state law which should take precedent and
prevail over the federal law, not vise versa, unless the
Constitution says otherwise.
As we saw previously, the whole Bill of Rights is designed as a
limitation on federal powers. The Tenth Amendment serves this
purpose by dividing and diluting power among the several states.
Indeed, it was state governments that ratified the Constitution and
delegated authority to the federal government. This being the case,
they only handed over authority to the federal government to do what
is specified in the Constitution and nothing more.
The way things really are
Obviously, the Tenth Amendment is routinely ignored by the
president, the Congress, and the courts. In extra-constitutional
matters, state laws should override federal laws. But in fact,
federal laws always override state laws. National speed limits
supersede state speed limits. Federal environmental rules outweigh
similar state rules. In every governmental matter, the only state
laws that exist are those compatible with federal laws or which the
federal government has seen fit not to address at all.
One of the best examples of the total disregard for state rights
is federal mandates. The federal government frequently mandates that
states enact certain laws, provide certain services, or fund
specific programs that cost millions or billions of dollars without
one cent of federal funding to support the mandate.
Don't be fooled by the fact that states are permitted to do
things that Washington does not do. Remember, permission and rights
are incompatible. In some matters, Congress et al. simply do not
want to flex their muscles. For instance, during the Reagan
administration, a major shift in power took place away from federal
agencies to state agencies. But this was because liberals in
Washington recognized that Ronald Reagan sought deregulation. Since
state agencies were more active regulators than their federal
counterparts, responsibilities were conveniently transferred to the
states to sustain strong industry regulation. But this whole scheme
is Washington's doing and not the result of any state's right to
govern.
The point here is not that state governments are any more noble
or benevolent than the federal government. They are not because they
consist of the same frail human beings that are susceptible to
corruption by power. The point is something that is spelled out
clear as day in the Constitution is always and everywhere totally
and completely turned on its head!
A call to arms!
From every legitimate angle, we are justified in keeping and
bearing arms as well as forming or joining a militia independent of
government control. The Bible tells us we are morally right. The
American Revolution shows we have the historical right. The
Constitution protects our legal right. Moreover, our Constitutional
liberties are systematically being eroded and denied. The fact that
officials are infringing gun rights on every front is simply a
manifestation of their inner tendency to empower themselves. Left
unchecked, this tendency will lead to genuine tyranny. Remember,
"Power corrupts and absolute power corrupts absolutely."
So this is a pivotal point in American history. If the government
is successful in banning semi-automatic paramilitary weapons, then
they will be emboldened not only to further infringe gun rights, but
to infringe all rights. This is because the Second Amendment is the
teeth of the Bill of Rights, and assault rifles are the teeth of the
Second Amendment. Without their bite, there is nothing to prevent a
draconian state from devouring all of our precious liberties.
Your right and duty is to arm and organize yourself against
further federal and state encroachments on your liberties. As a
minimum, you should purchase and learn how to effectively use a
firearm, preferably a so-called assault rifle. The more citizens
that own guns, the less willing the government will be to threaten
us. Ideally, you should also join a local m |