http://www.chronwatch.com/content/contentDisplay.asp?aid=12299 |
| Alexander Hamilton on Gun Control: The Federalist Papers |
| Written by Howard Nemerov Tuesday, January 11, 2005 |
Under the “collective right” view, the Second
Amendment is a federalism provision that provides to States a prerogative
to establish and maintain armed and organized militia units akin to the
National Guard, and only States may assert this prerogative. (1)There is Always a Kernel of Truth in Any
Good Propaganda
Today’s
“progressive” interpretation of the Second Amendment contends that the
militia was intended by the Founders to mean organized state armies. For
clarification, let us examine the writings of Alexander Hamilton, one of
the leaders of the Federalist movement during the debates that created our
Constitution. In his writings, which became codified as The Federalist
Papers, Hamilton discussed the need for military regulation and
organization: The
power of regulating the militia, and of commanding its services in times
of insurrection and invasion are natural incidents to the duties of
superintending the common defense, and of watching over the internal peace
of the Confederacy. It requires no skill in the science of war to discern that uniformity in the organization and discipline of the militia would be attended with the most beneficial effects… This desirable uniformity can only be accomplished by confiding the regulation of the militia to the direction of the national authority. It is, therefore, with the most evident propriety, that the plan of the convention proposes to empower the Union “to provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, RESERVING TO THE STATES RESPECTIVELY THE APPOINTMENT OF THE OFFICERS, AND THE AUTHORITY OF TRAINING THE MILITIA ACCORDING TO THE DISCIPLINE PRESCRIBED BY CONGRESS. (2) If
one stopped reading at this point, one could misinterpret Hamilton’s
vision of the militia to mean a government-organized force under the
command of state-selected officers, somewhat similar to today’s National
Guard. However, he continues: If
standing armies are dangerous to liberty, an efficacious power over the
militia, in the same body ought, as far as possible, to take away the
inducement and the pretext to such unfriendly institutions. If the federal
government can command the aid of the militia in those emergencies which
call for the military arm in support of the civil magistrate, it can the
better dispense with the employment of a different kind of force. (3) Only The Whole Truth Will Make You Free
Hamilton
suddenly seems to veer from his supposed discussion about the National
Guard and standing armies. Beyond differentiating between standing armies
and militia, he defines the militia as an active safeguard against forced
tyranny. He continues to differentiate between professional military and
militia, even specifying that limits of power must be enforced upon
professional troops: It
is observed that select corps may be formed, composed of the young and
ardent, who may be rendered subservient to the views of arbitrary power. (4) With
the focus that qualified him to be the first Treasury Secretary, Hamilton
declares that the militia is indeed the people by describing the economic
damage wrought if this militia were expected to train and remain at arms
like a standing army: To
oblige the great body of the yeomanry and of the other classes of the
citizens to be under arms for the purpose of going through military
exercises and evolutions, as often as might be necessary to acquire the
degree of perfection which would entitle them to the character of a
well-regulated militia, would be a real grievance to the people, and a
serious public inconvenience and loss. To
attempt a thing which would abridge the mass of labor and industry to so
considerable an extent, would be unwise: and the experiment, if made,
could not succeed, because it would not long be endured. Little more can
reasonably be aimed at, with respect to the people at large, than to have
them properly armed and equipped; and in order to see that this be not
neglected, it will be necessary to assemble them once or twice in the
course of a year. (5) He
concludes his discussion and differentiation of the two forces in the form
of a repeated warning against tyranny, and the ability of the militia to
protect against it: This
will not only lessen the call for military establishments, but if
circumstances should at any time oblige the government to form an army of
any magnitude that army can never be formidable to the liberties of the
people while there is a large body of citizens, little if at all inferior
to them in discipline and the use of arms, who stand ready to defend their
own rights and those of their fellow-citizens. (6) Conclusion
Thus
we have the foundation for the Second Amendment in the Bill of Rights: 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. The
militia, being regulated sufficiently to answer the call to arms in times
of security threat, serves a second purpose as well: to protect against
the threat of a power-hungry government using a standing army for its own
ends. Hamilton
delineates his vision not only of a free people bearing arms for the
common defense, but also for the protection of liberty. It was intended by
the framers of our Constitution that a free people be armed. Therefore, it
follows that those who wish the people disarmed also wish them enslaved. Footnotes
(1)
Whether the Second Amendment Secures an Individual Right, U.S.
Department of Justice Memorandum, August 24, 2004, Introduction. http://www.usdoj.gov/olc/secondamendment2.htm
(2)
The Federalist Papers, page 178, edited by Clinton Rossiter,
copyright 1961. (3)
Ibid, pages 178-179. (4)
Ibid, page 180. (5)
Ibid, page 180. (6)
Ibid, page 181. A copy of the Federalist Papers is online at The Federalist Patriot: http://federalistpatriot.us/fedpapers/fedpapers.html
About the Writer: Howard Nemerov is a Bay Area freelance writer who has a special interest in the preservation of the Second Amendment. Howard receives e-mail at hnemerov@netvista.net |