A Flawed Case Against Black Self-Defense
In the face of state failure, neglect, and overt hostility, black Americans need the right to bear arms.
The Second: Race and Guns in a Fatally Unequal America, by Carol Anderson, Bloomsbury Publishing, 258 pages, $28
Carol Anderson claims the Second Amendment is rooted in the goal of suppressing slave insurrections and therefore is irredeemably racist.
This is part of a new historical revisionism that tries to paint the 2nd Amendment as some slave patrol scheme. However this nonsense is disproven by the very evidence used to try and prove it. Like the aptly named Dr. Bogus whose revisionist history “The Hidden History of the Second Amendment” includes Section 1, part K literally titled: “The Absence of Direct Evidence”.
Advocates of such false history also try to misconstrue the statements of Patrick Henry before the Ratifying Convention in Virginia from June 5th, 1788.
You can read the full speech here.
You’ll see none of what suggest regarding the 2nd Amendment being for slavery is present there.
Diversity has been increasing in gun ownership for awhile now.
“Diversity in gun ownership nothing new to firearms industry”
“Gun ownership among Black Americans is soaring”
And it’s not gun owners that are offended by this, but gun control advocates like the VPC.
Meanwhile conservatives states are expanding gun rights while the Democratic run states keep pushing more gun control measures.
“A Winchester rifle should have a place of honor in every black home, and it should be used for that protection which the law refuses to give.” – Ida B. Wells
“A man’s rights rest in three boxes: the ballot box, the jury box, and the cartridge box.” – Fredrick Douglas
All the Judicial, Statutory, and Historic evidence from the 17th Century to modern day supports the individual right to keep and bear arms unconnected to militia service.
Being a direct descendant of the English colonies, American law is based off of the English model. Our earliest documents from the Mayflower compact to the Constitution itself share a lineage with the Magna Carta. Even the American Bill of Rights being modeled after the English Bill of Rights.
The individual right, unconnected to militia service, pre-exists the United States and the Constitution. This right is firmly based in English law.
In 1689 The British Bill of Rights gave all protestants the right to keep and bear arms.
“The English right was a right of individuals, not conditioned on militia service…The English right to arms emerged in 1689, and in the century thereafter courts, Blackstone, and other authorities recognized it. They recognized a personal, individual right.” – CATO Brief on DC v Heller
Prior to the debates on the US Constitution or its ratification multiple states built the individual right to keep and bear arms, unconnected to militia service, in their own state constitutions.
“That the people have a right to bear arms for the defence of themselves and the state” – A DECLARATION OF THE RIGHTS OF THE INHABITANTS OF THE COMMONWEALTH OR STATE OF PENNSYLVANIA, Section XIII, Constitution of Pennsylvania – September 28, 1776.
Later the debates that would literally become the American Bill of Rights also include the right of the people to keep and bear arms.
“And that the said Constitution never be constructed to authorize Congress to infringe on the just liberty of the press, or the rights of the conscience; or prevent of people of the United States, who are peaceable citizens from keeping their own arms; or to raise standing armies, unless when necessary for the defense of the United States, or of some one or more of them; or to prevent the people from petitioning, in a peaceful and orderly manner, the federal legislature for a redress of grievances; or to subject the people to unreasonable searches and seizures of their persons, papers, or possessions.” – Debates and proceedings in the Convention of the commonwealth of Massachusetts, 1788. Page 86-87.
The American Bill of Rights itself was a compromise between the federalist and anti-federalist created for the express purpose of protecting individual rights.
“In the ratification debate, Anti-Federalists opposed to the Constitution, complained that the new system threatened liberties, and suggested that if the delegates had truly cared about protecting individual rights, they would have included provisions that accomplished that. With ratification in serious doubt, Federalists announced a willingness to take up the matter of a series of amendments, to be called the Bill of Rights, soon after ratification and the First Congress comes into session. The concession was undoubtedly necessary to secure the Constitution’s hard-fought ratification.” Thomas Jefferson, who did not attend the Constitutional Convention, in a December 1787 letter to Madison called the omission of a Bill of Rights a major mistake: “A bill of rights is what the people are entitled to against every government on earth.”
In Madison’s own words:
“I think we should obtain the confidence of our fellow citizens, in proportion as we fortify the rights of the people against the encroachments of the government,” Madison said in his address to Congress in June 1789.
Madison’s first draft of the second Amendment is even more clear.
Ironically it was changed because the founders feared someone would try to misconstrue a clause to deny the right of the people.
“Mr. Gerry — This declaration of rights, I take it, is intended to secure the people against the maladministration of the Government; if we could suppose that, in all cases, the rights of the people would be attended to, the occasion for guards of this kind would be removed. Now, I am apprehensive that this clause would give an opportunity to the people in power to destroy the Constitution itself. They can declare who are those religiously scrupulous and prevent them from bearing arms.” – House of Representatives, Amendments to the Constitution 17, Aug. 1789
Please note Mr. Gerry clearly refers to this as the right of the people.
This is also why we have the 9th Amendment.
Article I Section 8 had already established and addressed the militia and the military making the incorrect collective militia misinterpretation redundant.
Supreme Court cases like US v. Cruikshank, Presser v. Illinois, Nunn v State, DC v. Heller, and even the Dredd Scott decision specifically call out the individual right to keep and bear arms unconnected to militia service.
“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, both fact and law, 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; that they are entitled to freedom of person; freedom of religion; freedom of property; and freedom of the press. in the structure of our legislatures we think experience has proved the benefit of subjecting questions to two separate bodies of deliberants; …” – Thomas Jefferson’s letter to John Cartwright, on June 5th, 1824