General Discussion
In reply to the discussion: The 2nd Amendment was NOT written "to protect us from our gov't," FFS... [View all]jody
(26,624 posts)I believe most philosophers who acknowledge that humans have natural rights place the "right of self-defense" at or near the top.
If humans have rights, the question shifts to the source of those rights and in the U.S., that source is clearly stated in the Declaration of Independence, "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."
That source is confirmed in debates leading up to the publication of the Bill of Rights which says in its Preamble, "THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added:"
IMO our continued debate over firearms is about the type of tool a law-abiding citizen should be allowed to use to exercise her/his unalienable right of self-defense, i.e. "certain unalienable Rights, that among these are Life".
Pennsylvania adopted its constitution on 28 Sep 1776 before it ratified our Constitution on 12 December 1787. The PA constitution said, "That all men are born equally free and independent, and have certain natural, inherent and inalienable rights, amongst which are, the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety." It also said, "That the people have a right to bear arms for the defence of themselves and the state; and as standing armies in the time of peace are dangerous to liberty, they ought not to be kept up; And that the military should be kept under strict subordination to, and governed by, the civil power."
PA ratified the BOR on 10 March 1790 and with contemporaneous knowledge of the Second Amendment, PA modified its constitution that took effect on 2 Sept. 1790 to say "The right of the citizens to bear arms in defence of themselves and the State shall not be questioned."
As an inalienable right it is impossible for PA citizens to have given the right of self-defense away when they ratified our Constitution or when they ratified the BOR. PA citizens acknowledged that fact by retaining the right of self-defense in their constitution when they modified it just five months after they ratified the BOR.
What is a "right" in PA should be a "right" in the other 49 states.