Saturday, April 3, 2010

An American Citizen's Right to Bear Arms and to Live Free

Yet, there is an even better reason why citizens should also be gun owners, and that is the right of citizens to protect themselves against their government. In fact, the drafting of the 2nd Amendment by the founding fathers was not to combat crime, but to guard against an oppressive and unscrupulous federal government. The founding fathers literally feared the United States Congress.

George Washington, John Adams, Thomas Jefferson and Benjamin Franklin, among others, were afraid that their new creation would someday try to use the new continental army against them in order to reestablish a ruling elite to oppress the people. This fear was driven by the fact that the first thing the British attempted to do against them was to take away their guns to stop the march toward independence from Great Britain. The debate over gun rights was the most hotly argued topic at the Continental Congress meetings, leading to ratification of the United States Constitution. Following a seemingly endless number of rewrites, private gun ownership rights were finalized in 1791 by the State of Virginia. The argument has never abated even to today, with the courts hearing arguments on controversial cases that eventually lead to yet another refinement in 2nd Amendment law.

The Patriot Act

In 2003, the government passed The Patriot Act as a means of fighting the so called war on terror. Passed just 34 days after the 9/11 attack on the World Trade Centers, this law quietly repealed several constitutional freedoms previously enjoyed by American citizens. The new law also gave the Bush Administration a host of new weapons with which to spy on and oppress Americans without them realizing it.

FISA Revision

Gun rights advocates really got antsy after the government changed the Foreign Intelligence Surveillance Act of 1978. The revisions allowed for no knock searches and seizure warrants to be issued without prior approval from a judge. This law redefined every American citizen as a possible terrorist against the government. Making all people suspect automatically gives police the right to invade your home, when you least expect it, and whenever they choose to do so.

Military Commissions Act of 2006

The Bush Administration also created the Military Commissions Act of 2006 and the Obama Administration has chosen to let it stand. This law suppresses habeas corpus, or the right of citizens to be told why they are being arrested as well as what exactly are the charges. Secret prisons were built under Bush, but have since been dismantled under Obama after whistle blowers started talking. However, probably the most damaging clause in the Military Commissions Act gives the President of the United States the right to declare martial law, if he feels its necessary. Couple this with suppression of Posse Comitatus and American citizens have a real problem.

Posse Comitatus dates all the way back to 1878. It was a law the prevented the President and Congress from using American troops against American citizens. The Military Commissions Act calls for 3 battle tested battalions to be stationed on American soil under NorthCom and the Department of Homeland Security. They were activated last October.

The Obama Administration, just like the Bush Administration say the troops are not to be used against American citizens, but stranger things have happened. But no one can say what will happen if and when martial law is ever declared in America. No one knows, if the fears of the founding fathers will ever be born out, but gun advocates believe it is better to be safe and armed, rather than sorry and defenseless.

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