Friday, January 18, 2013

So That’s Where That’s From

The NRA and certain gun fetishists tell us the Second Amendment was put in place to give the power to the people to overthrow a tyrannical government.  After all, we had just overthrown our British overlords so it was only natural that we would enshrine our revolutionary tactic into the foundation of our laws.  Actually, its origins are more about repressing other people; most notably those who, at the time, only counted as three-fifths of a person.

By the time the Constitution was ratified, hundreds of substantial slave uprisings had occurred across the South. Blacks outnumbered whites in large areas, and the state militias were used to both prevent and to put down slave uprisings. As Dr. Bogus points out, slavery can only exist in the context of a police state, and the enforcement of that police state was the explicit job of the militias.

If the anti-slavery folks in the North had figured out a way to disband – or even move out of the state – those southern militias, the police state of the South would collapse. And, similarly, if the North were to invite into military service the slaves of the South, then they could be emancipated, which would collapse the institution of slavery, and the southern economic and social systems, altogether.

These two possibilities worried southerners like James Monroe, George Mason (who owned over 300 slaves) and the southern Christian evangelical, Patrick Henry (who opposed slavery on principle, but also opposed freeing slaves).

Their main concern was that Article 1, Section 8 of the newly-proposed Constitution, which gave the federal government the power to raise and supervise a militia, could also allow that federal militia to subsume their state militias and change them from slavery-enforcing institutions into something that could even, one day, free the slaves.

This was not an imagined threat. Famously, 12 years earlier, during the lead-up to the Revolutionary War, Lord Dunsmore offered freedom to slaves who could escape and join his forces. “Liberty to Slaves” was stitched onto their jacket pocket flaps. During the War, British General Henry Clinton extended the practice in 1779. And numerous freed slaves served in General Washington’s army.

Thus, southern legislators and plantation owners lived not just in fear of their own slaves rebelling, but also in fear that their slaves could be emancipated through military service.

So for all this Yankee-Doodley talk about the holiness of the Founding Fathers and their vision of a shining city on a hill, it turns out that one of their prime motivators for the Second Amendment was to insure that they wouldn’t be slaughtered by their own slaves.

3 barks and woofs on “So That’s Where That’s From

  1. There’s one more element that nobody takes into account. The “well-regulated militia” element of the 2nd Amendment refers back to Article 1, Section 8, which enables the Congress to call adn deploy militia(s) as necessary; it’s arguable that the 2nd Amendment provides that such a militia would be supplied and armed by the citizenry, and that sufficient arms to serve in a militia without federal expenditure on those arms being required to make that militia effective.

    I’m waiting for either a) a gun-control proponent to bring this up explicitly, or b) a gun-rights advocate to admit this as defensible.

    • Just imagine the uproar if a milita group received orders from the government to deploy! I wonder if there’d be a penalty if they refused.

  2. I’ve been saying (jokingly) that the law should be if you have a gun you’re in the militia and can be called up for service at any time. I bet that would drive gun ownership way down!

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