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Article by Judge Andrew Napalitano Explaining the 2nd A very fine American

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  • HKaltwasser

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    I think Fox new's Judge Andrew Napalitano(constitutional scholar) explains it best why we need a semi auto.

    The essence of humanity is freedom. Government -- whether voted in peacefully or thrust upon us by force -- is essentially the negation of freedom. Throughout the history of the world, people have achieved freedom when those in power have begrudgingly given it up. From the assassination of Julius Caesar to King John’s forced signing of the Magna Carta, from the English Civil War to the triumph of the allies at the end of World War II, from the fall of Communism to the Arab Spring, governments have permitted so-called nobles and everyday folk to exercise more personal freedom as a result of their demands for it and their fighting for it. This constitutes power permitting liberty.

    The American experience was the opposite. Here, each human being is sovereign, as the colonists were after the Revolution. Here, the delegation to the government of some sovereignty -- the personal dominion over self -- by each American permitted the government to have limited power in order to safeguard the liberties we retained. Stated differently, Americans gave up some limited personal freedom to the new government so it could have the authority and resources to protect the freedoms we retained. Individuals are sovereign in America, not the government. This constitutes liberty permitting power.

    But we did not give up any natural rights; rather, we retained them. It is the choice of every individual whether to give them up. Neither our neighbors nor the government can make those choices for us, because we are all without the moral or legal authority to interfere with anyone else’s natural rights. Since the government derives all of its powers from the consent of the governed, and since we each lack the power to interfere with the natural rights of another, how could the government lawfully have that power? It doesn’t. Were this not so, our rights would not be natural; they would be subject to the government’s whims.

    To assure that no government would infringe the natural rights of anyone here, the Founders incorporated Jefferson’s thesis underlying the Declaration into the Constitution and, with respect to self-defense, into the Second Amendment. As recently as two years ago, the Supreme Court recognized this when it held that the right to keep and bear arms in one’s home is a pre-political individual right that only sovereign Americans can surrender and that the government cannot take from us, absent our individual waiver.

    There have been practical historical reasons for the near universal historical acceptance of the individual possession of this right. The dictators and monsters of the 20th century -- from Stalin to Hitler, from Castro to Pol Pot, from Mao to Assad -- have disarmed their people, and only because some of those people resisted the disarming were all eventually enabled to fight the dictators for freedom. Sometimes they lost. Sometimes they won.

    The principal reason the colonists won the American Revolution is that they possessed weapons equivalent in power and precision to those of the British government. If the colonists had been limited to crossbows that they had registered with the king’s government in London, while the British troops used gunpowder when they fought us here, George Washington and Jefferson would have been captured and hanged.

    We also defeated the king’s soldiers because they didn’t know who among us was armed, because there was no requirement of a permission slip from the government in order to exercise the right to self-defense. (Imagine the howls of protest if permission were required as a precondition to exercising the freedom of speech.) Today, the limitations on the power and precision of the guns we can lawfully own not only violate our natural right to self-defense and our personal sovereignties; they assure that a tyrant can more easily disarm and overcome us.

    The historical reality of the Second Amendment’s protection of the right to keep and bear arms is not that it protects the right to shoot deer. It protects the right to shoot tyrants, and it protects the right to shoot at them effectively, thus, with the same instruments they would use upon us. If the Jews in the Warsaw ghetto had had the firepower and ammunition that the Nazis did, some of Poland might have stayed free and more persons would have survived the Holocaust.

    Most people in government reject natural rights and personal sovereignty. Most people in government believe that the exercise of everyone’s rights is subject to the will of those in the government. Most people in government believe that they can write any law and regulate any behavior, not subject to the natural law, not subject to the sovereignty of individuals, not cognizant of history’s tyrants, but subject only to what they can get away with.

    Did you empower the government to impair the freedom of us all because of the mania and terror of a few?


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    ROGER4314

    Been Called "Flash" Since I Was A Kid!
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    Jul 11, 2009
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    That text breaks my head! Content might even be worthwhile but who can read it? Please, if you're going to copy and paste a large amount of text, prepare it so it can be read! Put some paragraph breaks in it or some spaces to break up the copy. Thanks!

    Flash
     

    rsayloriii

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    May 11, 2009
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    That text breaks my head! Content might even be worthwhile but who can read it? Please, if you're going to copy and paste a large amount of text, prepare it so it can be read! Put some paragraph breaks in it or some spaces to break up the copy. Thanks!

    Flash


    I think Fox new's Judge Andrew Napalitano(constitutional scholar) explains it best why we need a semi auto.

    The essence of humanity is freedom. Government -- whether voted in peacefully or thrust upon us by force -- is essentially the negation of freedom. Throughout the history of the world, people have achieved freedom when those in power have begrudgingly given it up. From the assassination of Julius Caesar to King John’s forced signing of the Magna Carta, from the English Civil War to the triumph of the allies at the end of World War II, from the fall of Communism to the Arab Spring, governments have permitted so-called nobles and everyday folk to exercise more personal freedom as a result of their demands for it and their fighting for it. This constitutes power permitting liberty.

    The American experience was the opposite. Here, each human being is sovereign, as the colonists were after the Revolution. Here, the delegation to the government of some sovereignty -- the personal dominion over self -- by each American permitted the government to have limited power in order to safeguard the liberties we retained. Stated differently, Americans gave up some limited personal freedom to the new government so it could have the authority and resources to protect the freedoms we retained. Individuals are sovereign in America, not the government. This constitutes liberty permitting power.

    But we did not give up any natural rights; rather, we retained them. It is the choice of every individual whether to give them up. Neither our neighbors nor the government can make those choices for us, because we are all without the moral or legal authority to interfere with anyone else’s natural rights. Since the government derives all of its powers from the consent of the governed, and since we each lack the power to interfere with the natural rights of another, how could the government lawfully have that power? It doesn’t. Were this not so, our rights would not be natural; they would be subject to the government’s whims.

    To assure that no government would infringe the natural rights of anyone here, the Founders incorporated Jefferson’s thesis underlying the Declaration into the Constitution and, with respect to self-defense, into the Second Amendment. As recently as two years ago, the Supreme Court recognized this when it held that the right to keep and bear arms in one’s home is a pre-political individual right that only sovereign Americans can surrender and that the government cannot take from us, absent our individual waiver.

    There have been practical historical reasons for the near universal historical acceptance of the individual possession of this right. The dictators and monsters of the 20th century -- from Stalin to Hitler, from Castro to Pol Pot, from Mao to Assad -- have disarmed their people, and only because some of those people resisted the disarming were all eventually enabled to fight the dictators for freedom. Sometimes they lost. Sometimes they won.

    The principal reason the colonists won the American Revolution is that they possessed weapons equivalent in power and precision to those of the British government. If the colonists had been limited to crossbows that they had registered with the king’s government in London, while the British troops used gunpowder when they fought us here, George Washington and Jefferson would have been captured and hanged.

    We also defeated the king’s soldiers because they didn’t know who among us was armed, because there was no requirement of a permission slip from the government in order to exercise the right to self-defense. (Imagine the howls of protest if permission were required as a precondition to exercising the freedom of speech.) Today, the limitations on the power and precision of the guns we can lawfully own not only violate our natural right to self-defense and our personal sovereignties; they assure that a tyrant can more easily disarm and overcome us.

    The historical reality of the Second Amendment’s protection of the right to keep and bear arms is not that it protects the right to shoot deer. It protects the right to shoot tyrants, and it protects the right to shoot at them effectively, thus, with the same instruments they would use upon us. If the Jews in the Warsaw ghetto had had the firepower and ammunition that the Nazis did, some of Poland might have stayed free and more persons would have survived the Holocaust.

    Most people in government reject natural rights and personal sovereignty. Most people in government believe that the exercise of everyone’s rights is subject to the will of those in the government. Most people in government believe that they can write any law and regulate any behavior, not subject to the natural law, not subject to the sovereignty of individuals, not cognizant of history’s tyrants, but subject only to what they can get away with.

    Did you empower the government to impair the freedom of us all because of the mania and terror of a few?
     

    shortround

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    Jan 24, 2011
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    All of the above, plus, the media have temporarily shifted attention from gun control to the early flu outbreak.

    It goes something like this: Hospitals are overwhelmed, 12 children have already died, and the flu vaccine is about 60% effective.

    So, what are we to do? Outlaw the flu like guns. Won't happen.

    The only way to stop the flu is to stop the vectors -- sick people.

    When a sick person passes his flu onto an "innocent victim" the vector has committed a potentially lethal act.

    Isolate and keep sick people away from the general populace.

    You can't blame the virus when people infected with that virus freely circulate in public.
     

    ROGER4314

    Been Called "Flash" Since I Was A Kid!
    Rating - 100%
    1   0   0
    Jul 11, 2009
    10,444
    66
    East Houston
    That was a pretty good read and it made some good points that I hadn't considered before. Thanks for making the changes!

    Flash
     
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