Monday, October 15, 2007

Joyce Lee Malcolm

I have read and enjoyed. Over at Samizdata they have a post which is right in the vicinity of this from her canon.

From the comments someone signing as Alice writes:

"Mid -- I hesitate to voice an opinion on a subject which you have clearly researched deeply. But perhaps I do not hesitate as much as I should.

It is very difficult for us today to recognize things that were so obvious in the 1780s they were simply left unsaid. Rather in the way that someone today will happily give directions on how to drive from LA to San Fran without ever once mentioning -- drive on the right.

It is clear the drafters of the Constitution had experienced first-hand an over-bearing government and the need to take to arms to break free from that imposition. There may indeed be subtleties in the Second Amendment, but surely its primary goal was as a last line of defence against re-emergent tyranny -- to make sure that the people would have the means (as well as the right) to replace the new Federal Gov't if it ever became similarly over-bearing.

Of course by that standard the Second Amendment has arguably failed -- although the story is not over yet.


Posted by Alice at October 15, 2007 01:06 AM"

What could be more clear than that the notion of precluding gun ownership was not even a possibility? Say what you will, quote where you must, but you could get a hammer and a gun in hardware stores until the sixties (at least.) The preponderance of the citizenry blamed individuals for their acts and not tools when confronting the ugly mess left by criminals.

And she is correct. In my understanding the only reason there is a "Bill of Rights" is because people foolishly assumed these simple liberties, so simple that in the Declaration they are attributed to endowment by our Creator, were not, at first, enumerated in the body of the constitution. Ratification was threatened by future states that wanted the matters explicitly clarified. I, for one, can certainly imagine any number of "are you kidding, we have to write out everything? Of course you know we all have the right to...what on earth do you think we just fought for?" discussions.

Another commenter has a link to the Federalist papers.

Worth buying the book.

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