The Constitutional protections regarding the right to defend ones self can be found in the 2nd and 6th Amendments to the Constitution.
THE RIGHT TO DEFEND ONE’S SELF IS MEANINGLESS IN THE ABSENCE OF THE MEANS TO THAT DEFENCE! theBushwhacker
The Second Amendment: 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.
The Sixth Amendment: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed; which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence.
In addition the Fifth Amendment requires that no person: “shall be compelled to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law.”
Further, the Ninth Amendment states: “The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.”
The right of self defence throughout history has been and is considered by all reasonable people as a natural and fundamental right requiring no legislation. Only more recent thinking (over the last and current century) has moved to deprive or restrict this right or even obliterate it all together for the sake of some notion of “the common good.” The uniqueness of the American Constitution is the powerful protection it affords the least and lowest among us against the tyranny of the community. Here the individual is the sovereign entity, not the State or the mob.
Clearly these Amendments identify certain of our natural rights as free citizens considered so essential to those freedoms that they were specifically protected by the Bill of Rights with the admonition to those in power DO NOT GO THERE!!
The Sixth Amendment both implicitly and explicitly guarantees the right of the individual to defend him or herself and the right to obtain or posses the means to that defence. In the case of accusations at law the means is the acquisition of witnesses and of counsel for his defence. In the case of personal protection in society at large this means can only be a credible weapon of effective efficiency, in most cases a firearm, to deal with those who would act violently and illegally against that person.
In brief, the right to defend one’s self is meaningless without the means to that defence. In today’s circumstances at large the only reasonable option is a personal firearm.
“Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote.” Benjamin Franklin
The recent Candidate for the Supreme Court of the United States, when queried about the right to self defence, seemed at loss to identify and acknowledge this right under any inherent Constitutional protection. The equivocation displayed was and is, upon confirmation, more than a little troubling. To hand down a ruling contrary to this fundamental right would be to usurp that portion of authority held by the citizen without regard to responsibility thus constituting an act of tyranny.
© theBushwhacker 2007-2009
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