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Undisputed Fact #2

Discussions around the Second Amendment’s drafting were focused on political structure.

The tactic most heavily relied on by “collective right” academics to project an illusion of rational argument, this one is similar to the last in that it allows the author to preach ad nauseum about a non-controversial point. The early debates indeed reflect little or no emphasis on the private use of arms, but the same is true regarding the freedoms of speech and press. Imagine if someone were to argue that the First Amendment only protects activities related to the criticism of government, and not to personal matters, presenting as evidence the following statements from George Washington, Benjamin Franklin, Thomas Jefferson, and James Madison:

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“Freedom of speech is a principal pillar of a free government: When this support is taken away, the constitution of a free society is dissolved.”

 

“No government ought to be without censors: and where the press is free, no one ever will.”

 

“The right of freely examining public characters and measures, and of free communication among the people thereon…has ever been justly deemed the only effectual guardian of every other right.”

 

“I am for…freedom of the press, & against all violations of the constitution to silence By force & not by reason the complaints or criticisms, just or unjust, of our citizens against the conduct of their agents.

 

“This sacred Privilege is so essential to free Governments, that the Security of Property, and the Freedom of Speech always go together…Whoever would overthrow the Liberty of a Nation, must begin by subduing the Freeness of Speech.”

 

“If Men are to be precluded from offering their Sentiments on a matter, which may involve the most serious and alarming consequences, that can invite the consideration of Mankind, reason is of no use to us; the freedom of Speech may be taken away, and, dumb and silent we may be led, like sheep, to the Slaughter.”

 

“Our liberty depends on the freedom of the press, and that cannot be limited without being lost.”

 

“The people are the only censors of their governors…The basis of our governments being the opinion of the people, the very first object should be to keep that right; and were it left to me to decide whether we should have a government without newspapers, or newspapers without a government, I should not hesitate a moment to prefer the latter.” 

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The 1780 Massachusetts Declaration of Rights even contains what appears to be a rough template for the future Second Amendment: 

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None of the Founders demanded explicit protection for the right to use foul language or gossip about one’s neighbors, just as none of them demanded explicit protection for the right to defend against common criminals, because these activities are inseparable from the general rights of speech and armed defense. It is wholly unsurprising that constitutional debate was focused on ensuring the people’s ability to counter tyranny by forbidding federal interference with speech, press, assembly, arms, and personal privacy. “Collective right” manipulators have nevertheless devoted countless pages of their works to demonstrating the Founders’ concern with the ability of armed citizens to assemble as a military force, as if that somehow negates the entire premise of the Second Amendment as affirming an absence of federal power.

 

The federal government was never supposed to have any ability to dictate what Americans do in their private lives as long as they aren’t endangering others, whether a given activity is mentioned by name in the Bill of Rights or not. The Ninth Amendment declares that “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people,” and that does include a right to do things like grow plants and engage in consensual adult relationships—but it’s absurd to argue that such activities deserve not just equal but more protection than those which the Founders safeguarded in writing.

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