Thomas Jefferson:
"The democracy
will cease to exist when you take away from those who are willing to
work and give to those who would not."
"I predict
future happiness for Americans if they can prevent the government from
wasting the labors of the people under the pretense of taking care of
them."
"No free man
shall ever be debarred the use of arms."
"The strongest
reason for the people to retain the right to keep and bear arms is, as a
last resort, to protect themselves against tyranny in government."
"To compel a
man to subsidize with his taxes the propagation of ideas which he
disbelieves and abhors is sinful and tyrannical."
"The tree of
liberty must be refreshed from time to time with the blood of patriots
and tyrants."
Abraham Lincoln (17 September 1859, speech in Cincinnati, OH):
"The people of the United States are the rightful masters of both
Congress and the Courts, not to overthrow the Constitution, but to
overthrow the men who pervert the Constitution."
I ask, sir, what is the militia? It is the whole people except
for a few public officials. – George Mason
A militia, when properly formed, are in fact the people
themselves…and include all men capable of bearing arms. – Richard
Henry Lee
A well regulated militia, composed of the body of the people,
trained in arms, is the best most natural defense of a free country. –
James Madison
Who are the militia? Are they not ourselves? Is it feared, then,
that we shall turn our arms each man gainst his own bosom. Congress have
no power to disarm the militia. Their swords, and every other terrible
implement of the soldier, are the birthright of an American…[T]he
unlimited power of the sword is not in the hands of either the federal
or state governments, but, where I trust in God it will ever remain, in
the hands of the people. – Tenche Coxe
No free government was ever founded or ever preserved its
liberty, without uniting the characters of the citizen and soldier in
those destined for the defense of the state…. Such are a well regulated
militia, composed of the freeholders, citizen and husbandman, who take
up arms to preserve their property, as individuals, and their rights as
freemen.” – “State Gazette,” Charleston, NV, 1788
The most effectual way to guard against a standing army, is to
render it unnecessary. The most effectual way to render it unnecessary,
is to give the general government full power to call forth the militia,
and exert the whole natural strength of the Union, when necessary. Thus
you will furnish the people with sure and certain protection, without
recurring to this evil; and the certainty of this protection from the
whole will be a strong inducement to individual exertion. – James
Madison
What, sir, is the use of a militia? It is to prevent the
establishment of a standing army, the bane of liberty.
– Elbridge Gerry
I object to the power of Congress over the militia and to keep a
standing army … The last resource of a free people is taken away; for
Congress are to have the command of the Militia … Congress may give us a
select militia which will, in fact, be a standing army–or Congress,
afraid of a general militia, may say there shall be no militia at all.
When a select militia is formed; the people in general may be disarmed.
– John Smilie
The Militia is composed of free Citizens. There is therefore no
Danger of their making use of their Power to the destruction of their
own Rights, or suffering others to invade them. – Samuel Adams
In a people permitted and accustomed to bear arms, we have the
rudiments of a militia, which properly consists of armed citizens,
divided into military bands, and instructed at least in part in the use
of arms for the purposes of war. Their civil occupations are not
relinquished, except while they are actually in the field, and the
inconvenience of withdrawing them from their accustomed labours,
abridges the time required for military instruction. Militia therefore
never amount to perfect soldiers, unless the public exigencies shall
have kept them so long together as to absorb the civil, in the military
character. – William Rawle, “A View of the Constitution of the
United States of America”
The fundamental law of the militia is, that it be created,
directed and commanded by the laws, and ever for the support of the
laws. – John Adams
By the last returns to the Department of War the militia force
of the several States may be estimated at 800,000 men – infantry,
artillery, and cavalry. – James Monroe
Before a standing army can rule, the people must be disarmed; as
they are in almost every kingdom of Europe. The supreme power in America
cannot enforce unjust laws by the sword; because the whole body of the
people are armed, and constitute a force superior to any bands of
regular troops… – Noah Webster
The great object is that every man be armed … Everyone who is
able may have a gun. – Patrick Henry
Among the natural rights of the Colonists are these: First, a
right to life; Secondly, to liberty; Thirdly, to property; together with
the right to support and defend them in the best manner they can. These
are evident branches of, rather than deductions from, the duty of
self-preservation, commonly called the first law of nature. – Samuel
Adams
Arms in the hands of citizens [may] be used at individual
discretion… in private self-defense … – John Adams
The second amendment to the federal constitution, as well as the
constitutions of many of the states, guaranty to the people the right to
bear arms. This is a natural right, not created or granted by the
constitutions.” – Henry Campbell Black, “Handbook of American
Constitutional Law,” 1895.
This [Second Amendment] may be considered as the true palladium
of liberty …. The right of self defence is the first law of nature: in
most governments it has been the study of rulers to confine this right
within the narrowest limits possible. Wherever standing armies are kept
up, and the right of the people to keep and bear arms is, under any
colour or pretext whatsoever, prohibited, liberty, if not already
annihilated, is on the brink of destruction. – Saint George Tucker,
“Blackstone’s Commentaries” (1803)
The prohibition is general. No clause in the Constitution could
by any rule of construction be conceived to give to Congress a power to
disarm the people. Such a flagitious attempt could only be made under
some general pretense by a state legislature. But if in any blind
pursuit of inordinate power, either should attempt it, this amendment
may be appealed to as a restraint on both.” – William Rawle, “A View of
the Constitution,” 1829
The Constitution shall never be construed….to prevent the people
of the United States who are peaceable citizens from keeping their own
arms – Samuel Adams, Debates and Proceedings in the Convention of the
Commonwealth of Massachusetts
To preserve liberty, it is essential that the whole body of
people always possess arms, and be taught alike especially when young,
how to use them. – Richard Henry Lee, in Letters from the Federal Farmer
to the Republican
Are we at last brought to such humiliating and debasing
degradation, that we cannot be trusted with arms for our defense? Where
is the difference between having our arms in possession and under our
direction, and having them under the management of Congress? If our
defense be the real object of having those arms, in whose hands can they
be trusted with more propriety, or equal safety to us, as in our own
hands?” – Patrick Henry debate in the state ratifying conventions
The strongest reason for people to retain the right to keep and
bear arms is, as a last resort, to protect themselves against tyranny in
government.” – Thomas Jefferson
The rifle is the weapon of democracy. If guns are outlawed, only
the government will have guns. Only the police, the secret police, the
military. The hired servants of our rulers. Only the government – and a
few outlaws. I intend to be among the outlaws.” – Edward Abbey, “The
Right to Arms,” 1979
For, in principle, there is no difference between a law
prohibiting the wearing of concealed arms, and a law forbidding the
wearing such as are exposed; and if the former be unconstitutional, the
latter must be so likewise. But it should not be forgotten, that it is
not only a part of the right that is secured by the constitution; it is
the right entire and complete, as it existed at the adoption of the
constitution; and if any portion of that right be impaired, immaterial
how small the part may be, and immaterial the order of time at which it
be done, it is equally forbidden by the constitution.” – Bliss vs.
Commonwealth (1822)
“The right of the people to keep and bear arms shall not be
infringed.” The right of the whole people, old and young, men, women and
boys, and not militia only, to keep and bear arms of every description,
and not such merely as are used by the milita, shall not be infringed,
curtailed, or broken in upon, in the smallest degree; and all this for
the important end to be attained: the rearing up and qualifying a
well-regulated militia, so vitally necessary to the security of a free
State. Our opinion is that any law, State or Federal, is repugnant to
the Constitution, and void, which contravenes this right. – Nunn vs.
State 1846
The provision in the Constitution granting the right to all
persons to bear arms is a limitation upon the power of the Legislature
to enact any law to the contrary. The exercise of a right guaranteed by
the Constitution cannot be made subject to the will of the sheriff. –
People vs. Zerillo (1922)
The maintenance of the right to bear arms is a most essential
one to every free people and should not be whittled down by technical
constructions. – State vs. Kerner (1921)
The right of a citizen to bear arms, in lawful defense of
himself or the State, is absolute. He does not derive it from the State
government. It is one of the “high powers” delegated directly to the
citizen, and ‘is excepted out of the general powers of government.’ A
law cannot be passed to infringe upon or impair it, because it is above
the law, and independent of the lawmaking power. – Cockrum v. State
(1859)
Laws that forbid the carrying of arms. . . disarm only those who
are neither inclined nor determined to commit crimes. . . Such laws make
things worse for the assaulted and better for the assailants; they serve
rather to encourage than to prevent homicides, for an unarmed man may be
attacked with greater confidence than an armed man.” – Thomas
Jefferson’s “Commonplace Book,” 1774-1776, quoting from On Crimes and
Punishment, by criminologist Cesare Beccaria, 1764
If cowardly and dishonorable men sometimes shoot unarmed men
with army pistols or guns, the evil must be prevented by the
penitentiary and gallows, and not by a general deprivation of a
constitutional privilege.” – Arkansas Supreme Court, 1878
The Constitution of most of our states (and of the United
States) assert that all power is inherent in the people; that they may
exercise it by themselves; that it is their right and duty to be at all
times armed – Thomas Jefferson
What the subcommittee on the Constitution uncovered was clear —
and long-lost proof that the Second Amendment to our Constitution was
intended as an individual right of the American citizen to keep and
carry arms in a peaceful manner, for the protection of himself, his
family, and his freedom.” – Senator Orrin Hatch, Chairman, Subcommittee
on the Constitution, Preface, “The Right to Keep and Bear Arms”
The Constitution shall never be construed to prevent the people
of the United States, who are peaceable citizens from keeping their own
arms – George Mason
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