ACLU very selective in upholding Bill of Rights
Posted on September 6, 2008
The American Civil Liberties Union says, “Majority power is limited by the Constitution’s Bill of Rights, which consists of the original ten amendments ratified in 1791 … The mission of the ACLU is to preserve all of these protections and guarantees.”
ACLU doesn’t mean all of the original 10 amendments because its policy No. 47 says, “Except for lawful police and military purposes, the possession of weapons by individuals is not constitutionally protected,” thereby ignoring the Second Amendment.
The U.S. Supreme Court disagrees and reaffirmed the law of the land in D.C. v. Heller, saying, “The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia.” In blatant disregard of constitutional law, ACLU’s new position is, “The ACLU interprets the Second Amendment as a collective (militia) right. Therefore, we disagree with the Supreme Court’s decision in D.C. v. Heller.”
Pardon me, but only an organization reeking with hypocrisy would claim to protect “the original ten amendments” but ignore the Supreme Court’s decision that the Second Amendment protects an individual right to keep and bear arms for self defense.
Americans who treasure all rights enumerated in the Constitution might consider ACLU’s duplicity in rejecting the individual right to keep and bear arms, particularly when we receive letters soliciting ACLU membership or donations.
Posted by John Ray. For a daily critique of Leftist activities, see DISSECTING LEFTISM. For a daily survey of Australian politics, see AUSTRALIAN POLITICS Also, don’t forget your roundup of Obama news and commentary at OBAMA WATCH
» Filed Under 1st Amendment, 2nd Amendment, ACLU, Bill Of Rights, Domestic Enemies, News
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Well, their position on the death penalty flies in the face of the Fifth Amendment’s clear authorization of capital punishment, too.
Whatever the inherent right of individuals to personal self-defense may be, that is not what the Second Amendment addresses. The Second Amendment was written to protect the continued right of the people to keep and bear arms as common security through a well regulated militia.
Two commonly used phrases in the era of the Founders were the idiomatic expressions “capable of bearing arms” and “able to bear arms.” Both were synonyms for “capable of military service.” It would have been strange indeed for the framers of the Second Amendment to have guaranteed a right to bear arms to any individual not capable of bearing arms. Nor is it at all likely that they would have concerned themselves with the possible infringement by the federal government of a right to keep arms for individuals not capable of bearing arms.
During the War of 1812, James Monroe, who was Madison’s Secretary of War, described for Congress the right of citizens to a common defense:
“The Commonwealth has a right to the service of all its citizens, or rather, the citizens composing the Commonwealth have a right collectively and individually to the service of each other, to repel any danger which may be menaced.” (James Monroe, Secretary of War, report to the House, Annals of Congress, October 17, 1814)
The manner in which such mutual service is carried out, Monroe wrote, is “an object of legislation,” and the militia was a “striking example.” As to the possible abuse of power under such a system, he added, “happily our Constitution has provided ample security against that evil.”
That constitutional security was undoubtedly the Second Amendment.
The Second Amendment was written to protect the continued right of the people to keep and bear arms as common security through a well regulated militia.
Obviously the Supreme Court disagrees.
Two commonly used phrases in the era of the Founders…
Here are a few more phrases. Note the references to militia, collective right and individual right.
“The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in the government.” — Thomas Jefferson
“Americans have the right and advantage of being armed– unlike the citizens of other countries whose governments are afraid to trust the people with arms.” — James Madison
“To preserve liberty, it is essential that the whole body of the people always possess arms and be taught alike, especially when young, how to use them.” — Richard Henry Lee
“The great object is that every man be armed.” — Patrick Henry
No freeman shall ever be debarred the use of arms.
—Thomas Jefferson: Draft Virginia Constitution, 1776.
“The Constitution shall never be construed to prevent the people of the United States, who are peaceable citizens from keeping their own arms . . .” — SAMUEL ADAMS
We established however some, although not all its [self-government] important principles . The constitutions of most of our States assert, that all power is inherent in the people; that they may exercise it by themselves, in all cases to which they think themselves competent, (as in electing their functionaries executive and legislative, and deciding by a jury of themselves, in all judiciary cases in which any fact is involved,) or they may act by representatives, freely and equally chosen; that it is their right and duty to be at all times armed;
—Thomas Jefferson to John Cartwright, 1824. Memorial Edition 16:45, Lipscomb and Bergh, editors.
[The Constitution preserves] the advantage of being armed which Americans possess over the people of almost every other nation…(where) the governments are afraid to trust the people with arms.
—James Madison,The Federalist Papers, No. 46.
Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom in Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops that can be, on any pretence, raised in the United States. A military force, at the command of Congress, can execute no laws, but such as the people perceive to be just and constitutional; for they will possess the power, and jealousy will instantly inspire the inclination, to resist the execution of a law which appears to them unjust and oppressive.
—Noah Webster, An Examination of the Leading Principles of the Federal Constitution (Philadelphia 1787).
Who are the militia? Are they not ourselves? Is it feared, then, that we shall turn our arms each man gainst his own bosom. Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birthright of an American…[T]he unlimited power of the sword is not in the hands of either the federal or state governments, but, where I trust in God it will ever remain, in the hands of the people.
—Tenche Coxe, The Pennsylvania Gazette, Feb. 20, 1788.
“The Virginia ratifying convention met from June 2 through June 26, 1788. Edmund Pendleton, opponent of a bill of rights, weakly argued that abuse of power could be remedied by recalling the delegated powers in a convention. Patrick Henry shot back that the power to resist oppression rests upon the right to possess arms:
Guard with jealous attention the public liberty. Suspect every one who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined.
Henry sneered,
O sir, we should have fine times, indeed, if, to punish tyrants, it were only sufficient to assemble the people! Your arms, wherewith you could defend yourselves, are gone…Did you ever read of any revolution in a nation…inflicted by those who had no power at all?”
[T]he people are not to be disarmed of their weapons. They are left in full possession of them.– Zacharia Johnson
The whole of that Bill [of Rights] is a declaration of the right of the people at large or considered as individuals…[I]t establishes *some rights of the individual as unalienable and which consequently, no majority has a right to deprive them of.
—Albert Gallatin to Alexander Addison, Oct 7, 1789, MS. in N.Y. Hist. Soc.-A.G. Papers, 2.
“*Gallatin’s use of the words “some rights,” doesn’t mean some of the rights in the Bill of Rights, rather there are many rights not enumerated by the Bill of Rights, those rights that are listed are being established as unalienable.”
Roger Sherman, during House consideration of a militia bill (1790):
[C]onceived it to be the privilege of every citizen, and one of his most essential rights, to bear arms, and to resist every attack upon his liberty or property, by whomsoever made. The particular states, like private citizens, have a right to be armed, and to defend, by force of arms, their rights, when invaded.
14 Debates in the House of Representatives, ed. Linda Grand De Pauw. (Balt., Johns Hopkins Univ. Press, 1972), 92-3.
Laws that forbid the carrying of arms… disarm only those who are neither inclined nor determined to commit crimes… Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.
Jefferson’s “Commonplace Book,” 1774_1776, quoting from On Crimes and Punishment, by criminologist Cesare Beccaria, 1764
“Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom in Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops that can be, on any pretence, raised in the United States. A military force, at the command of Congress, can execute no laws, but such as the people perceive to be just and constitutional; for they will possess the power, and jealousy will instantly inspire the inclination, to resist the execution of a law which appears to them unjust and oppressive.”
Noah Webster, An Examination of the Leading Principles of the Federal Constitution (Philadelphia 1787)
“To preserve liberty, it is essential that the whole body of people always possess arms…”
Richard Henry Lee - Senator, First Congress
“The very atmosphere of firearms anywhere and everywhere restrains evil interference they deserve a place of honor with all that is good.” — GEORGE WASHINGTON
“The great object is that every man be armed. Everyone who is able may have a gun.” — PATRICK HENRY
“The best we can hope for concerning the people at large is that they be properly armed.” — ALEXANDER HAMILTON
“The Constitution of most of our states (and of the United States) assert that all power is inherent in the people; that they may exercise it by themselves; that it is their right and duty to be at all times armed and that they are entitled to freedom of person, freedom of religion, freedom of property, and freedom of press.” — Thomas Jefferson
The first of your quotes, falsely attributed to Thomas Jefferson, is a famous phoney. But maybe your already knew that. Your catalog of quotes does nothing to disprove the argument I made.