The US Constitution has few friends on the right or the
left.
During the first eight years of the 21st century, the
Republicans mercilessly assaulted civil liberties. The brownshirt Bush regime
ignored the protections provided by habeas corpus. They spied on American citizens without
warrants. They violated the First Amendment. They elevated decisions of the
president above US statutory law and international law. They claimed the power
to withhold information from the people�s representatives in Congress, and they
asserted, and behaved as if, they were unaccountable to the people, Congress,
and the federal courts. The executive branch claimed the power to ignore
congressional subpoenas. Republicans regarded Bush as a Stuart king
unaccountable to law.
The Bush brownshirt regime revealed itself as lawless, the
worst criminal organization in American history.
Now we have the Democrats, and the assault on civil liberty
continues. President Obama doesn�t want to hold Bush accountable for his crimes
and violations of the Constitution, because Obama wants to retain the powers
that Bush asserted. Even the practice of kidnapping people and transporting
them to foreign countries to be tortured has been retained by President Obama.
The civil liberties that Bush stole from us are now in
Obama�s pocket.
Will it turn out that we enjoyed more liberty under Bush
than we will under Obama? At least the Republicans left us the Second
Amendment. The Obama Democrats are not going to return our other purloined
civil liberties, and they are already attacking the Second Amendment.
Rep. Bobby L. Rush (D, IL) has introduced the Blair-Holt
Firearm Licensing and Record of Sale Act of 2009. As the British and
Australians learned, once firearms are registered, the government knows where
they are. The government�s next step is to confiscate the firearms.
Moreover, the act would permit the government to negate
Second Amendment rights by refusing to issue a license. Any parents who
bequeathed family antique or historic firearms to heirs would be in violation
of the act, as it bans any transfer of a firearm other than via a licensed
dealer.
William Blackstone, the revered 18th century defender of
liberty whose Commentaries on the Laws of England was a bestseller in
colonial America, wrote
that �the last auxiliary right� of free men is �having
arms for their defense.� Blackstone, England�s greatest jurist, said that
the right to bear arms enables the �natural
right of resistance and self-preservation, when the sanctions of society and
laws are found insufficient to restrain the violence of oppression.�
The Bush regime�s reversion to medieval methods of
incarceration and torture are an indication that we now live in a time �when the sanctions of society and laws are
found insufficient to restrain the violence of oppression.� Why do the
Democrats desire Americans to be helpless in the face of oppression by the
armed state? How can it be that Democrats want Americans to be free from the
threat of being thrown into dungeons and locked away without a court ever
hearing evidence, but are prepared to deny Americans the ability to resist such
horrendous treatment should it come their way?
In response to my question, one progressive acquaintance
said that he wanted to reduce �gun
violence.� As guns are inanimate objects, I assume he meant violence
committed by people who use guns instead of knives, fists or some other
weapon.
�Gun violence�
is not something committed by the vast majority of gun owners. �Gun violence� is the preserve of the
criminal elements, such as gangs fighting over drug turf. Criminals are already
prohibited from owning guns, but criminals pay no more attention to this law
than they do to laws against robbery, rape, and murder. Why do Democrats think
that disarming law-abiding citizens will disarm outlaws? For how many decades
have drugs been banned? Does any Democrat think that the ban on drugs has
succeeded?
All the ban on drugs has done is to make the drug trade
profitable. Now people fight over it. How can guns be successfully banned when
the war on drugs is a failure? All a gun ban would do is to create a new criminal
activity.
England, in violation of its unwritten constitution, banned
ownership of pistols and rifles. But now the police have to be heavily armed,
because criminals are now armed, but not law-abiding citizens. When I lived in
England, the police were not armed with firearms. I remember reading a few years after the
passage of England�s gun ban that criminals were selling submachine guns on
London street corners. The police discovered a warehouse in London filled to
the brim with machine guns that were being sold to all comers.
So much for gun bans. They only disarm the law abiding and
leave them defenseless.
Gun bans also greatly increase the crime rate. When
households are armed, robbers prefer houses where no one is home. In England,
criminals are no longer deterred from entering an occupied home. The more
people at home the better. There might be someone to rape and someone to beat
up. There is little to fear from a disarmed household.
When I lived in the metro area of Washington, DC, I resided
on the Virginia side of the Potomac. There was no problem with owning a gun in
Virginia, but in DC, until the recent
Supreme Court ruling, the only way a person could have a firearm was to
keep it disassembled and unloaded.
The Washington �gun
control� ordinance benefitted criminals. The crime rate in DC was much
higher than across the river. Despite, or because of, the gun ban, DC was the
murder capital of the US.
Police seldom, if ever, prevent a crime. Their job is to
appear after a crime is committed and to investigate with a view to identifying
the perpetrator. A large number of careful studies show that private gun
ownership prevents far more crimes than police ever solve. Criminals are
routinely deterred, apprehended, and sometimes killed, by armed private
citizens.
In contrast, police, especially the notorious SWAT teams,
accidentally kill more law-abiding citizens than they do criminals. If anyone
should be disarmed, it is the police. When police become militarized, as
they increasingly are in the US, their attitude toward the public changes
from protective to hostile.
Militarized SWAT teams have established a record of showing
up at the wrong address.
In Maryland recently, a SWAT team mistook the mayor and his
wife for drug dealers. A large number of armed men in black, and not identified
as police, broke into the mayor�s home, killed the family�s Labrador dogs, and
held the mayor and his wife spread-eagled on the floor with loaded automatic
weapons a few inches from their heads. Fortunately for the mayor and his wife,
a local policeman happened by and informed the paramilitary unit that it was
the mayor and his wife whom the SWAT team was terrorizing.
Many progressives oppose gun ownership because they have
sympathy for animals and oppose hunting. However, most gun owners are not
hunters. Most members of gun clubs are content to shoot holes in paper targets
or at clay pigeons. They enjoy hand-eye coordination, the study of ballistics,
and reloading for antique rifles. An outing is really just a chance to get
together, to talk about history and the load they are working up for their 1873
Winchester, and to enjoy each other�s company.
There are a vast number of small businesses that exist
because of gun ownership. Repairs, customizing, parts, sights, brass, bullets,
primers, and powders for reloading, reloading equipment, targets, cleaning,
refinishing, engraving, it goes on and on. What would happen to these hundreds
of thousands of people, to the family businesses and to the skills accumulated,
if Americans are deprived of their Second Amendment rights? We would have
another million people deprived of livelihood and on the streets. Would they
turn to crime?
The progressive canard is that the Second Amendment, unlike
the rest of the amendments to the Constitution, is not a constitutional right
for citizens. Rather it is a right for a defunct organization known as the
militia. Why in the world would the Founding Fathers, when laying out the
rights of individuals, confound
the point by sticking in among individual rights a right for a military
organization?
But so what if they did. Americans have had squatter� rights
to firearms since 1776.
In 1992, when the Supreme Court revisited Roe v. Wade, the
justices acknowledged that the legal argument behind the 1973 decision
legitimizing abortion was flawed. However, the justices ruled that
women had exercised abortion rights for 19 years, and the passage of time had
given women squatters� rights to abortions.
Americans have exercised Second Amendment rights for 234
years. Regardless of the meaning of the Second Amendment, the right of adverse
possession makes gun rights final. To assault such a well grounded right is an
act of tyranny.
Paul
Craig Roberts [email
him] was Assistant Secretary of the Treasury during President
Reagan�s first term. He was Associate Editor of the Wall Street Journal. He has
held numerous academic appointments, including the William E. Simon Chair,
Center for Strategic and International Studies, Georgetown University,
and Senior Research Fellow, Hoover Institution, Stanford University. He was
awarded the Legion of Honor by French President Francois Mitterrand. He is the
author of Supply-Side
Revolution : An Insider�s Account of Policymaking in Washington; Alienation
and the Soviet Economy and Meltdown:
Inside the Soviet Economy, and is the co-author with Lawrence M.
Stratton of The
Tyranny of Good Intentions : How Prosecutors and Bureaucrats Are Trampling the
Constitution in the Name of Justice. Click here for
Peter Brimelow�s Forbes Magazine interview with Roberts about the recent
epidemic of prosecutorial misconduct.