The American Constitution

NONPROFIT ORG. NHCCS U.S.POSTAGE PAID P.O. 906 MANCHESTER, NH Raymond, NH 03077 PERMIT NO. 1178 Original Intent Volume 6, Issue 3—Aug/Sept 2007 Original Intent is published three times annually by the NH Center for Constitutional Studies, Inc.— PO Box 906— Raymond NH 03077 Guard With Jealousy the Public Liberty: The American Constitution CHAIRMAN’S CORNER If the Gov’t Won’t Do It “It is indeed unfortunate that, because of By Dr. Mackubin Thomas Owens the actions of certain extremists, ‘militia’ The Public Liberty has become a term of opprobrium. It Shipwrecked by Executive Order should be rehabilitated.” Mackubin T. Owens is Professor of Strat- Throughout most re- egy and Force Planning at the Naval War of the preparatory College in Newport, Rhode Island. He corded history, people retired from the Marine Corps Reserve as a clause, the amendment have been governed by Colonel in 1994. He was wounded twice guarantees only a rulers’ law—the law that during the Vietnam War and awarded the "collective," not an in- rulers chose to impose. Silver Star medal. Dr. Owens earned his dividual, right to bear The people had no real Ph.D. from the University of Dallas, his arms, thereby restrict- choice. [But], America’s M.A. in economics from Oklahoma Univer- ing it to members of the Founders believed that sity and his B.A. from the University of organized "militia" (or liberty was too precious California at Santa Barbara. the police and military). to entrust to leaders. For Dianne Gilbert the first time ever – in [A]n Arizona newspaper has proposed an But over the past dec- Prof. Mackubin T. Owens America, in 1787 – the people themselves pre- interesting way to curb illegal immigration ade, constitutional-law pared their own written Constitution – one of during a time of war: the use of a citizen mi- scholarship has refuted this view. A recent laws and people, not of rulers. It not only pro- litia. Last month, according to the November case in point is Leonard Levy, a constitutional tected them from the harmful acts of other 15 Arizona Daily Star, Cochise County's scholar with impeccable liberal credentials, citizens; more importantly, it protected them Tombstone Tumbleweed published an edito- who in his book, Origins of the Bill of Rights, from their own government.”1 rial entitled "Enough is Enough!" calling for demonstrates beyond the shadow of a doubt As “ordained and established” the 1787 armed, able-bodied citizens, operating on that the framers of the first ten amendments Constitution set up and authorized a General private property, to "create a presence and a intended to guarantee the individual right to Government for the United States of America. deterrent to illegal border crossers." bear arms. As understood by the people of the era in Predictably, the proposal was attacked by How could this strained interpretation of the which it was accepted, this new government "human-rights" activists as a manifestation Second Amendment ever have been taken se- was duty bound to uphold and unswervingly of "militant vigilantism." According to Isa- riously in the first place? All one has to do is operate in harmony with the principles of lib- bel Garcia of Tucson, "to have the official consult the words of the Founders themselves. erty and union set forth by the Declaration of newspaper of [Cochise County] call on peo- "No free man shall ever be debarred the use of Independence. That called for a national gov- ple to take up arms is very dangerous, very guns," wrote Thomas Jefferson in his pro- ernment of limited powers, based upon the frightening. Law enforcement and public posed Virginia Constitution of 1776. Both the rule of law and consent of the governed. Thus, officials should be concerned." Imagine! Pennsylvania and Vermont constitutions assert the primary role given the new central gov- Armed citizens, protecting their homes! Ab- that "the people have a right to bear arms for ernment was to secure and protect the people’s solutely shocking! the defense of themselves and the state..." God given rights, such that they may attend to prospering themselves. Nevertheless, being But really, if the federal government can't or So what is the meaning of the reference to the fully aware of man’s intrinsic passion to rule won't do the job, why not rely on the posse militia? For the Founders, the militia arose over other men, and that “government is not comitatus and the militia? The Tumbleweed from the posse comitatus, the "power of the reason…nor eloquence” but rather a coercive has the Constitution on its side. Indeed, the county" constituted by the people as a whole, “force,” which, like fire, could become a Founders framed the Second Amendment embodying the Anglo-American idea that the “fearful master,” the Framers proceeded to with such an armed citizenry in mind. citizenry is the best enforcer of the law. From its origins in Britain, the posse comitatus was bind the hands of those put in charge of run- That amendment reads, "A well-regulated understood to be the people at large, constitut- ning the government with the chains of a writ- Militia being necessary to the security of a ing the constabulary of the "shire." When or- ten Constitution. free state, the right of the People to keep and der was threatened, the "shire-reeve" or sheriff Consequently, when it came to parceling out bear arms shall not be abridged." Obviously, would raise the "hue and cry" and all citizens grants of power under the Constitution our gun-control advocates see the Second who heard it were bound to render assistance nation’s founding fathers left nothing to Amendment as a stumbling block to their chance. Power was not to accumulate or be schemes to disarm the American citizenry, in apprehending a criminal or maintaining order. In this tradition, the sheriff in the Ameri- left to concentrate in one or even a few sets of so they purposely have misconstrued it. hands; it was to be divided and distributed, They have done so by claiming that because (Continued on Page 4 - If the Gov’t Won’t) checked and balanced, among the three branches: “ Power being found by universal experience liable to abuses, a distribution of it What The Founders Would Say... into separate departments, has become a first “Every member of the state, ought diligently to read and study the constitution of his country, principle of free governments. By this con- and teach the rising generation to be free. By knowing their rights, they will sooner perceive trivance, the portion entrusted to the same when they are violated, and be the better prepared to defend and assert them.” (Continued on page 5- The Public Liberty) _John Jay, 1777 Page 2 Original Intent Biographical Sketch: Roger Sherman ~ Father of Coinage “Money ought to be nental Congress. With a man aptly named Roger Sherman was “a man who never said something of certain Richard Law he was appointed to rewrite the a foolish thing in his life.” Patrick Henry value. .” With archaic and confusing Connecticut Statutes. claimed him as one of the three greatest men these words Roger The work was highly regarded. at the Convention. He spoke 138 times there Sherman lays a key As tension mounted with Great Britain in Philadelphia. brick in the founda- Sherman became active in the efforts for Much of what inspired Sherman’s political tion for an effective freedom. In 1775, as the War for Independ- concern was his business acumen. He was economy. The key ence began he was appointed to the Gover- convinced that paper money held the poten- word is ‘certain. nor’s Council of Safety and became Com- tial for great injustice. In 1752 because of Money must have a missary for the Connecticut troops. Soon the weakness of Rhode Island’s currency he certain and consistent after, his fellow patriots awarded him for his penned A Caveat Against Injustice. It is an standard of worth. faithfulness and wisdom by making him a ‘inquiry into the evils of a fluctuating me- Otherwise it and the member of the Committee of Five, responsi- dium of exchange.’ He was angered by the articles it represents ble for the drafting of the Declaration of In- cheapening of useful goods in Connecticut are without any value dependence. because of the useless money of Rhode Is- at all. Mr. Sherman He had a notable role in the writing of the land. gained a practical Constitution. As a delegate to the convention He begins his treatise: “Forasmuch, as understanding of that from Connecticut he made the 1787 trip to there have been many disputes arisen of late fact through a life- Philadelphia fully prepared to “patch up the concerning the medium of exchange in this time of business old scheme of government.” He believed colony, which have been occasioned chiefly building and legal that the Articles of Confederation which he by reason of our having such large quantities Roger Sherman studies. had signed years earlier just needed a little of paper Bills of Credit on some of the Roger Sherman was two years old when revision. He had, in fact, previously pre- neighboring governments passing in pay- his family moved to Stoughton, Massachu- sented to Congress a few amendments which ments among us, and some of those govern- setts, a frontier town. It was 1723. Though would have given the Articles more strength ments having issued much larger sums of limited in formal education his father had a to impose levies, the power to establish a Bills than were necessary to supply them- substantial library and young Roger read as Supreme Court, and to make laws binding selves with a competent medium of ex- much as he could.

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