Showing posts with label insurrection theory. Show all posts
Showing posts with label insurrection theory. Show all posts

19 December 2009

"There's some corner of a foreign field that is for ever England."


Nothing like a quote from another Old Rugbeian to start my post (Rupert Brooke's "The Soldier"). I'm also adding one of my fav New Yorker Cartoons of all time. It had me howling when I found it.

But the point I am making here is about community or society, which are the institutions by which humans join together for cooperation.

Part of the Whig and Libertarian fantasy is that governments and society can be placed into turmoil on whims and fancies. Despite some commentators attempts to portray the radical whig concepts which led to the US War for Independence, this movement comes from the liberal spectrum: in particular republicanism. As a political philosophy, liberalism includes John Locke, John Stuart Mill, Karl Popper, Friedrich Hayek, Isaiah Berlin, and John Rawls. As a political movement, it is represented by the continental-European liberal parties in the Liberal International. This belief in liberal republicanism has odd concepts regarding the legitimacy of governments, hence the War for American Independence.

Conservativism by its nature advocates institutions and traditional practices that have developed organically within a nation over a period of time. Change is organic rather than revolutionary. Any attempt to modify society, for the sake of some doctrine or theory, runs the risk of running afoul and creating unintended consequences. The US Whig movement did this and found itself facing Rebellions Such as Shays', The Whisky Revolts, Second American Civil War (War between the States), and quite possibly a future civil war based upon the "Insurrection theory". The War between the States is the Second American Civil war because the War for American Independence was the first civil war since it pitted those who were loyal against those who were not loyal.


The problem is that the Libertarian fantasy views government as a destroyer of liberty. The fact is that government is essential to create liberty. This notion that government is bad is peculiarly American. Even conservatives in Europe bemoan the rich/poor gap, and recognize an important role for government. The paradox is that only people with a pretty good government could come up with such an absurdity. When you really have a bad government, such as in Somalia, the former Yugoslavia, or Russia, it's obvious that you need reform, not anarchy.

But my real point is that whatever you call yourself, you are a part of society. It is positively absurd that the Second Amendment was created to fight the government since in a democracy, the people are the government. To quote, once again, Dennis v. United States, 341 U.S. 494 (1951) puts paid to the insurrectionist theory:
The obvious purpose of the statute is to protect existing Government, not from change by peaceable, lawful and constitutional means, but from change by violence, revolution and terrorism. That it is within the power of the Congress to protect the Government of the United States from armed rebellion is a proposition which requires little discussion. Whatever theoretical merit there may be to the argument that there is a "right" to rebellion against dictatorial governments is without force where the existing structure of the government provides for peaceful and orderly change.

Somehow, there is this desire to be a frontiersman and beholden to none but the laws of nature; however, one has to go quite far afield to find somewhere that is not a part of civilisation. The world is becomming smaller and boundaries are collapsing. We need to stop seeing ourselves as being a part of a small localised community, but as part of a larger society: world civilisation. And while one can define themselves as American, British, Irish, Italian, Itrish (I thought I would keep that typo), or whatever, we are still part of a larger society and need to develop a global consciousness.

Part of the failure of Copenhagen is due to the fact that the United States has failed to notice that there is a need for environmental protection for nearly the past 40 years. Nixon achieved the clean air and clean water acts, yet such legislation was not followed upon. In fact, "Conservatives" have sought to repeal it. And following upon that Administrations have failed to show leadership regarding global warming.

Gun Control is a no-brainer, yet it is mired in bizarre rhetoric about non-existant rights. The unintended consequence of trying to prevent a professional standing army has failed. The anachronistic Second Amendment has been distorted to create rights where no right has existed. It has been used to fight regulation of firearms to the detriment of society. Thus a document which was to form a more perfect Union is being cited as justification for all sorts of silliness.

This means that a document which was to be a blueprint for society may end up being its downfall. Not from intent since the stated intent was not to destroy the nation, but to build it. Its destruction came about from failing to heed the more conservative voices of the loyalists whom they called "advocates of despotism" in the words of George Washington:
"I am mortified beyond expression when I view the clouds that have spread over the brightest morn that ever dawned in any country... What a triumph for the advocates of despotism, to find that we are incapable of governing ourselves and that systems founded on the basis of equal liberty are merely ideal and fallacious."

While Washington said this over 200 years ago, the sentiment remains vibrant. It may be hindsight, but despotism can come from either one person or a mob. The advocates of "independece" were such a mob in that they silenced the voices of those who would have kept the Union and sought independence through the institutions available to them. Instead the advocates of freedom created a precedent where one could scream "tyranny" and "despotism" and hope that others would follow to overthrow the government.

That is not society, but madness.

Yeah, yeah, I am over a couple of hundred years late in writing this and James Chalmers Wrote "Plain Truth" as well. No actually, as long as there is a belief in the insurrectionist theory and movements like the tea baggers, this sort of comment is never late.

11 December 2009

Oath Keepers

In their Orders they will not obey (3) they say:
"We will NOT obey orders to detain American citizens as “unlawful enemy combatants” or to subject them to military tribunal."


Would this mean that they wouldn't be able to detain John Walker Lindh, the American Taliban?

If the rebellion were a worker's revolution (i.e., Communist) would they also hold by their Orders they will not obey?


The problem is that by refusing to follow some orders, they are disobeying the Constitution where it says "To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;" (Article I, Section 8).

Also, we have to remember that Article VI says:
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

So, how can they refuse to follow a law or action that was made through proper Constitutional procedure? Do they only obey laws that they agree with?

Wouldn't that mean they are guilty of treason (Article III, Section iii), which is the only crime mentioned in the Constitution:
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

Are they selective in how they interpret the Orders they will Not Obey so that they will protect one group's "rights" over anothers (e.g., John Walker Lindh v. Timothy McVeigh)?

As I like to point out, some people who say they are defending the constitution need to bone up on what it is they are defending!

10 December 2009

Shays' Rebellion

I am amazed that there isn't more interest in this little bit of US History. I tend to blog about it since it is actually a very important event in US Constitutional history. In fact, it is a good point to mention when people discuss the insurrection theory.

05 December 2009

Pro-gun rubbish

Let's see: Kleck and Lott have been discredited all over the internet, yet some people still love quoting them. Well, Michael Bellesiles has some pretty good arguments as well and he didn't need to pretend to be a student to get praise for Arming America!

Gun Control leads to Genocide! really! I've gone over that one with a fine tooth comb. Why hasn't there been a genocide in Britain since it has had gun control for nearly 90 years now? Maybe the answer to preventing genocide lies elsewhere besides firearms ownership!

Saddam Hussein? Private ownership of guns was very common under Saddam Hussein's regime and it didn't stop him. Same goes for the Taliban in Afghanistan and Pakistan. Check out the Durra Gun Market in this video.

The Second Amendment doesn't guarantee private ownership outside of the militia institution and fighting government tyranny is also rubbish. I agree with Matthew White that the most likely outcome of a war between the Feds and the extreme right is that the extreme right is crushed like bugs, even before the network news anchors can move their mobile newsdesks, satellite link-ups and tactical hairdryers out to the battlefield. As I said in my Fear the Reaper post:

Μολὼν λάβε?
Εντάξει, με ευχαρίστηση!

Or in the way that pisses off the gun cretins, let's just kill them and pry the guns from their fingers if that's what they want. If these people are that stupid, they deserve to be removed from the gene pool. And they don't have popular support which means most people would be happy if the government wasted them. I would have called in an air strikes on Ruby Ridge and Mount Carmel.

Whatever theoretical merit there may be to the argument that there is a "right" to rebellion against dictatorial governments is without force where the existing structure of the government provides for peaceful and orderly change.--Dennis v. United States, 341 U.S. 494 (1951)

The amount of defensive gun uses is highly overestimated
Oh, yeah don't forget the study that says armed defenders are more likely to be killed or injured!

Sort of like Melanie Hain!

11 October 2009

An Interesting quote

Violence is the first refuge of the incompetent.
—Isaac Asimov

Sort of like the Ambrose Bierce Quote I like:

PATRIOTISM, n.
Combustible rubbish ready to the torch of any one ambitious to illuminate his name.

In Dr. Johnson's famous dictionary patriotism is defined as the last resort of a scoundrel. With all due respect to an enlightened but inferior lexicographer I beg to submit that it is the first.


Which leads to
PATRIOT, n.
One to whom the interests of a part seem superior to those of the whole. The dupe of statesmen and the tool of conquerors.

10 October 2009

Insurrection theory of the Second Amendment...

Yes, it is specifically mentioned that the militia's purpose is to suppress insurrections, not foment them in Article 1, Section 8, Clause 15:

"To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;"

Not to mention that congress has the power "to provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress."

It is congress's power to arm the Milita that the Second Amendment addresses (look up the entire text of Patrick Henry's "Let every man be armed" speech, not the clip the "gun rights" crowd use). Also, check out this quote from Patirck Henry about Article I, Section 8, Clause 16: he wasn't talking about self-defence, let alone insurrection!

I would also add in Article III, Section iii:

"Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort."

To prove that the insurrection theory of the Second Amendment is sheer rubbish.

The problem with the Second Amendment "gun right" theory is that it divorces the Second Amendment from the Constitution, the inconvenient text of the Amendment relating to the militia, and reality.

The Consitution must be read as a whole, not pick and choose.

01 August 2009

Yet another funny RKBA quote

From Is there Contrary Evidence of an Individual Right?

Historian Garry Wills has made an attempt at claiming the above. An online article, from the gun control group Join Together, reports Wills as writing "any claims that the Constitution ensures an armed citizenry as a bulwark against the potential tyranny of government is a myth. 'You can't read the amendment apart from the body of the Constitution,' he wrote, 'and the body of the Constitution defines taking up arms against the United States as treason.' " [quoting Wills from his book, A Necessary Evil: A History of American Distrust of Government (1999)]

A myth? Not according to Supreme Court Justice Joseph Story (appointed by James Madison in 1811)--at least in the Guncite article author's opinion


No myth


Article III, Section 3.

Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.


Treason is the only crime mentioned in the Constitution. Actaully, one should read and quote the relevant section in Story's Commentaries, which are those relating to Article III, Section iii.

Somehow, I don't see Story's quote in the guncite article as contradicting the US Constution: do you?

Anyway and again, the whole passage from Joseph Story-Commentaries on the Constitution of the United States, vol. 3 at pp. 746-747 (1833):
"§ 1889. The next amendment is "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.

"§ 1890. The importance of this article will scarcely be doubted by any persons, who have duly reflected upon the subject. The militia is the natural defence of a free country against sudden foreign invasions, domestic insurrections, and domestic usurpations of power by rulers. It is against sound policy for a free people to keep up large military establishments and standing armies in time of peace, both from the enormous expenses, with which they are attended, and the facile means, which they afford to ambitious and unprincipled rulers, to subvert the government, or trample upon the rights of the people. The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them. [FN1] And yet, thought this truth would seem so clear, and the importance of a well regulated militia would seem so undeniable, it cannot be disguised, that among the American people there is a growing indifference to any system of militia discipline, and a strong disposition, from a sense of its burthens, to be rid of all regulations. How is it practicable to keep the people duly armed without some organization, it is difficult to see. There is certainly no small danger, that indifference may lead to disgust, and disgust to contempt; and thus gradually undermine all the protection intended by this clause of our national bill of rights. [FN2]

"§ 1891. A similar provision in favour of protestants (for to them it is confined) is to be found in the [English] Bill of Rights of 1688, it being declared, "that the subjects, which are protestants, may have arms for their defence suitable to their condition, and as allowed by law." [FN3] But under various pretences the effect of this provision has been greatly narrowed; and it is at present in England more nominal than real, as a defensive privilege."

Note that Story is talking about the institution of the Militia in relation to the Second Amendment, not personal ownership of firearms, lamenting "How is it practicable to keep the people duly armed without some organization". The problem is that the Militia was pretty much dead at the time Story was writing, which he mourns in this passage. In fact, the militia was a still birth.

I mean if the Second Amendment were truly vibrant, there wouldn't be the large military budget since:

It is against sound policy for a free people to keep up large military establishments and standing armies in time of peace, both from the enormous expenses, with which they are attended, and the facile means, which they afford to ambitious and unprincipled rulers, to subvert the government, or trample upon the rights of the people.

Again, from Story's Commentaries regarding Article III, Section iii of Constitution:
§ 1292. The propriety of investing the national government with authority to punish the crime of treason against the United States could never become a question with any persons, who deemed the national government worthy of creation, or preservation. If the power had not been expressly granted, it must have been implied, unless all the powers of the national government might be put at defiance, and prostrated with impunity. Two motives, probably, concurred in introducing it, as an express power. One was, not to leave it open to implication, whether it was to be exclusively punishable with death according to the known rule of the common law, and with the barbarous accompaniments pointed out by it; but to confide the punishment to the discretion of congress. The other was, to impose some limitation upon the nature and extent of the punishment, so that it should not work corruption of blood or forfeiture beyond the life of the offender.


Another point, Dennis v. United States, 341 U.S. 494 (1951) puts paid to the insurrectionist theory:

The obvious purpose of the statute is to protect existing Government, not from change by peaceable, lawful and constitutional means, but from change by violence, revolution and terrorism. That it is within the power of the Congress to protect the Government of the United States from armed rebellion is a proposition which requires little discussion. Whatever theoretical merit there may be to the argument that there is a "right" to rebellion against dictatorial governments is without force where the existing structure of the government provides for peaceful and orderly change. We reject any principle of governmental helplessness in the face of preparation for revolution, which principle, carried to its logical conclusion, must lead to anarchy. No one could conceive that it is not within the power of Congress to prohibit acts intended to overthrow the Government by force and violence. The question with which we are concerned here is not whether Congress has such power, but whether the means which it has employed conflict with the First and Fifth Amendments to the Constitution.

What? No mention of the Second Amendment in that passage??? Again, the Second Amendment cannot be construed as allowing treason or "change by violence, revolution and terrorism" since armed revolt is unconstitutional under Article III, Section iii.

21 January 2008

History is written by the victors

Ever wonder what life would be like if the British had won the war for American Independence or the French the French and Indian Wars? I do. Not sure which would be a better scenario. The first, the US would be an intelligent Canada (no sales tax on stamps, gun control, "socialised" medicine, land planning etc.) and the Second, kind of a larger Belgium with French, English, German, and Dutch being the official languages.

Anyway, I found this badge in my travels:


Sure, it is for the Island of Jersey Militia, but think with all these RKBA people talking about being able to rebel against a tyrannical government. Now, what is to prevent people from deciding that the US war for Independence was illegal and that the current government neglects the welfare of its citizens? I mean there are loads of us who have loyalist ancestors who decided it was better to keep their traps shut than say the rebels were wrong. 50,000 Loyalists left the states for Canada. And, Benedict Arnold, the true patriot, ended up living his days in London (not a bad option). Additionally, as I continuously point out, the REAL reason for the rebellion was an out of control military.

Now, Isn't the current military establishment pretty out of control? I mean several trillion for a couple of wars that really don't make sense as far as security goes. Give me a break, Iraq is a failure as is Afghanistan.

So, watch out for the Royal New Jersey Militia!