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It Is Dangerous to Be Right When the Government Is Wrong - Andrew P. Napolitano [83]

By Root 732 0
writing for the majority of the Court, wrote a reasoned and careful analysis of the Second Amendment issue at hand. In doing so, he noted how Chicago’s murder rates actually increased after the ban was enacted, and Chicago residents “now face one of the highest murder rates in the country and rates of other violent crimes that exceed the average in comparable cities.”23 Again, the numbers don’t lie. Alito concluded the Heller decision answers the question as to whether the right to keep and bear arms is fundamental to our nation’s scheme of liberty. The Court held it is “unmistakable” that this right is fundamental (natural) and explains, “Self-defense is a basic right, recognized by many legal systems from ancient times to the present day,”24 and no government may interfere with it.

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While the ultimate application of the Second Amendment to states was correct, the Court again failed to restore our natural right to bear arms. The Court refused to hold the Chicago ban explicitly unconstitutional, but instead remanded the case to the lower federal appeals court to reconsider its ruling. Additionally, the majority again acknowledged a number of infringements the Court deemed constitutional. Yet, how can any infringement be constitutional when the Constitution plainly states “shall not be infringed”? Just as you do not need to register your books with the government in order to exercise your First Amendment rights, you do not need to register your firearms in order to exercise your Second Amendment rights.

The likely result of the recent Supreme Court decisions is a number of test cases. Cities, such as Chicago and New York, already declared they will enforce new regulations prohibiting gun ownership and seem prepared to face the Supreme Court again in future legal battles. When will the government bureaucrats get the point? You have the natural right to protect your life, liberty, and property. No matter how narrowly tailored or what governmental purpose the government argues it is protecting, nothing trumps your natural rights. How long shall we tolerate plutocrats who elevate their judgment and power over the Constitution? What has become of their oath to uphold it?


Conclusion

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Until the government recognizes our natural right to keep and bear arms, the fight against gun control cannot wane. While the recent Supreme Court decisions are in the right direction, they are not enough to restore your right to defend your life, liberty, and property. If only one Justice in the majority voted the other way, any progress made may be quickly revoked. Moreover, the government’s claim that it is only trying to protect you is clearly false. The government’s regulations do not change criminals’ attitudes on guns or where they carry their guns, but only where and how they get their guns. By enabling criminals to arm themselves and preventing potential victims from defending themselves, we are bound to repeat history’s tragedies. I do not know what it will take for the people to wake up and realize the power the government is currently seizing, but I urge you to do so, before it is too late.

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Chapter 9

You’ll Hear from Me:

The Right to Petition the Government for Redress of Grievances

In 2002, the non-profit organization We the People Foundation for Constitutional Education petitioned the government to answer for violating the following provisions of the Constitution: The War Powers Clause with the undeclared Iraq War, the money clauses with the Federal Reserve System, the right to privacy with the Patriot Act, and the tax clauses by levying a direct, un-apportioned tax on labor. After having those petitions ignored, We the People, including 1,450 individuals, commenced a lawsuit against the United States government seeking to enforce their constitutional right to petition, and to compel the government’s corresponding duty to respond. They argued that if the government failed to respond to petitions, then the people of the United States had a right to sanction the government, namely, in the form of withholding

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