
“The American people, Lee wrote Samuel Adams, had not fought the British only to be ‘brought under despotic rule under the notion of strong government, or in the form of elective despotism; Chains still being chains, whether made of gold or iron’. The “Corrupting nature of power’ made it essential for public safety that ‘power not requisite should not be given’ to government and ‘that necessary powers should be carefully guarded”.1
Richard Henry Lee
“America is a system of taxation to which a government is attached.”2
Part 1 covered an article by conservative journalist Daniel McCarthy wherein he rebutted liberal solutions to Public Mass Shootings (PMS). He hit the right chords at first but then notes turned sour. McCarthy tied private ownership of firearms to membership in a militia under strict State control. He contends the Virginia Declaration of Rights (1776) “inspired” the Second Amendment. He adds a reason to keep arms is to maintain a well-regulated militia “under strict subordination to, and governed by the civil power” dismissing as “right-wing folklore” claims the Amendment’s authors in any way intended it to support citizen uprisings against a tyrannical government i.e. Shay’s Rebellion.3 Stephen King writes in Danse Macabre that Bram Stoker’s Dracula inspired his novel Salem’s Lot, an homage to Stoker. However, King’s novel is wholly his own and the narrative quite different.4 McCarthy’s problems are more serious than errant extrapolation.
Article III of the Virginia Declaration of Rights written by George Mason reads, “That a well regulated militia, composed of the Body of the People, trained to Arms, is the proper, natural, and safe Defence of a free State; that standing Armies, in Time of Peace, should be avoided as dangerous to liberty” [emphasis and spelling in the original].5 Regardless of inspiration, Virginia’s Declaration of Rights is not the Second Amendment. In addition, local autonomous militias pre-existed declarations and constitutions.
Colonial survival, especially in outlying villages and settlements, required individuals possess and be skilled with arms long before the Revolution. For the most part, Americans did not acquire skill at arms serving in militias or in standing armies.5 No army or police force existed to protect colonists from criminals or against attacks by the French and their Indian allies. When British Royal Governors began seizing the firearms and ammunition of colonials, Virginians George Washington, and George Mason formed the Fairfax County Militia Association. It was a ground up not top down unit. Enlistment was voluntary. Each member had to supply his own weapons and ammunition and they chose officers through election.6
Mason shed light in 1775 on the meaning of militia noting a “well regulated militia” was comprised of “Gentleman, Freeholders, and other Freeman”. Its purpose was to “protect ‘our ancient Laws & Liberty’ from a standing army” [emphasis and spelling in the original].7 For Mason and many of his contemporaries, a standing army, whether British or American, national or state, was a threat to liberty. Mason wrote, “All men are by nature born equally free and independent”. The greatest threat to liberty was government in all its forms. He defined a “well-regulated” militia as the whole of the people, possessed of arms, who formed and organized themselves into “independent companies” prepared to “resist the standing army of a despotic state”.8 Founding Father Richard Henry Lee observed a militia could only consist of the people as a whole. If it was organized and maintained in continual service, it would constitute a “select militia” no different from a standing army in peacetime a practice that the Founders, for the most part, abhorred.9
Americans and political leaders universally viewed the individual right to keep and bear arms, and the right of States to call up a militia, as two separate issues neither dependent on the other. Beyond the Founder’s hope that Americans would maintain their precision with arms, the right to keep and bear arms had/has nothing to do with membership in a militia. If states called on the people to form a militia, prior experience with arms would lessen the time to train them.10 Had the Founders known future Americans would manufacture confusion concerning the Second Amendment’s meaning, they might have bifurcated it into two separate amendments. Why didn’t they? At the time State delegates ratified and then amended the Constitution, there was no confusion with respect to the right to keep and bear arms. It was an individual G-d given right. Some delegates opposed adding a Bill of Rights to the Constitution as superfluous. States delegated specific authorities to the federal government enumerating them in Article I, Section 8. Government cannot regulate activities or rights over which it has no authority. The States delegated to the federal government no authority to regulate the right to keep and bear arms. For it to do so is unconstitutional. Various state delegates argued to declare that people have an individual right to keep and bear arms was akin to declaring people breath air.11
Part 2 explained the so-called “Shay’s Rebellion” in Western Massachusetts was used by proponents of a strong national government, who wanted to jettison the Articles of Confederation, as a boogeyman to whip up fear among Americans that the nation was falling apart. Like public schools today, merchants of mendacious propaganda told Americans then that landless rabble, thieves, bandits, and poor hardscrabble farmers deeply in debt had formed a violent mob and marched on Boston to overthrow the state government. If successful, the rebels would have freed men in debtor’s prisons, erased public and private debts, and seized the land of the rich to divide among themselves. This story is problematic to say the least.
Shay’s was actually several rebellions led for the most part by leading men in their communities. They were patriots, Revolutionary War veterans, political and religious leaders, landowners, and men of means.12 They called themselves “Regulators” organized into militias to halt depredations committed against them by the corrupt government in Boston controlled by a coastal banking and commercial aristocracy.13 Only three years prior (1783), Americans had concluded a war against Great Britain based on similar offenses. It is incongruous that leading Founding Fathers then and textbook authors today, fail to see the parallels and similarities.
Daniel McCarthy is a credentialed well-established journalist writing for conservative and Libertarian publications. It is unfortunate he dismisses as “right-wing folklore” the notion the Founders intended the Second Amendment support a Shay’s-like rebellion. They certainly did. If the federal and or State governments commit crimes against the people’s rights, they have but two choices, submit or resist. The Left employs the labels “right-wing” and “far-right” equally to the former Nazi Party, Ku Klux Klan, and their modern iterations. They also apply it to patriots from Ronald Reagan to Rush Limbaugh and other conservatives, the antithesis of such groups. Although their motive should be obvious, regrettably such a malicious and deceitful practice works in post-literate America. How disappointing a learned man like McCarthy would follow suit. Was Shays’ Rebellion emblematic of anarchy, lawlessness, and chaos verging on destroying America or, were their actions an embodiment of the spirit that sparked and guided the Revolution of 1776? Is it possible to find support for the rebellion in the Founder’s writings?
The Federalist Papers are not part of the Constitution nor do they necessarily reflect majority opinion among America’s Founders. They are a collection of polemics in support of ratification of the proposed Constitution (1787). Its author’s opinions represent a spectrum spanning desires for a strong national government with states as appendages, Hamilton and to a lesser extent, Madison, to true Federalists like John Jay.14 Nevertheless, with respect to resisting government tyranny, they represent commonly held views among Americans.
Hamilton and his allies adopted the name Federalists but they were actually nationalists. They sought to extinguish state autonomy and sovereignty in favor of a central unitary government much like that in England. Hamilton believed the English system was the best of all. Others, like James Wilson of Pennsylvania, were Federalists but recognized Hamilton’s plan to destroy state sovereignty would also destroy the Constitution hence supported creation of a federal system of government. The central government would have authority over international relations, trade, war, and functions only a central government could execute. States would retain all other functions and authorities, sovereign in their own sphere. Both nationalists and true Federalists supported the right of the people to overthrow their own government should it become oppressive, tyrannical, and destructive to their liberties.
In Federalist 28, Hamilton writes there exist circumstances in which the “national” (sic) government may “resort to force”. They would include “seditions and insurrections” that are “maladies as inseparable from the body politic as tumors and eruptions from the natural body…” He also refers to uprisings in Massachusetts and Pennsylvania.15 However, Hamilton addresses circumstances in which the people have a legitimate right to rise up against their rulers. He observes, “If the representatives of the people betray their constituents, there is then no resource left but in the exertion of that original right of self-defense which is paramount to all positive forms of government…” Hamilton adds that self-defense (armed resistance) against a “national” (sic) government offered greater “prospects” for success than against an “individual state”.16 Whether resistance to a federal or state government would likely be more successful, Hamilton affirms the right of the people to rise up against a tyrannical government. Only an armed people could execute such an undertaking.
Hamilton condemns those who betray the people’s liberties as “usurpers”. Although people might organize for armed resistance, “usurpers, clothed with the forms of legal authority, can too often crush the opposition in embryo”. Hamilton argues states should be in charge of organizing and executing the resistance not local militias raised by the people. This is because the states would have more arms and larger forces to resist a federal army.17 However, suppose States, not the federal government, commit usurpation against the people’s liberties. Did Hamilton forget that the people of their respective states raised their own local militias to oppose the State Militias controlled by Royal Governors? He explains the methods by which states can organize in cooperation with each other to resist “invasions of the public liberty” by the central government. Even if a federal army quelled resistance in one state, others states would respond “with fresh forces”.18 Strategies and methods aside, Hamilton establishes that States have the right to raise an army to resist usurpation of their powers by the federal government. The people possess the same right against their respective states. Is Shays’ Rebellion a great departure from this principle? Hamilton, nor anyone else, argues people have a right to arm and rise up against government over pet peeves or perceived injustices. The standard justifying resistance is gross violations of the Bill of Rights and suppression of the people’s liberties by government with no possibility of redress.
Critics of the proposed Constitution warned the federal government might turn its power to call up, organize, and equip state militias against the states turning militias into a federal army. Hamilton addressed this possibility in Federalist 28.19 He conceded in times of extreme emergency (invasion by a foreign power, insurrection) the federal government would need to call up and train state militias because such training allows them to act in concert. However, it would not be the same as raising, organizing, equipping, and disciplining a federal standing army. To do so would be futile requiring too much time in the face of an immediate threat. It was not feasible to take the “yeomanry” far from their towns and farms long enough to transform them into professional soldiers. If the federal government called up State militias, the latter would be responsible for arming, equipping, and choosing their officers. The federal government would train and subject them to military discipline. The point is militias come from the people. If harnessed for a national purpose in times of extreme emergency, their loyalty remains to their respective states. Once the crisis had passed, the federal government returns militias to their states. This would create a trained body of armed people large enough to oppose a standing federal army should one attempt to suppress the states. Hamilton wrote that militias were the “best possible security” against a standing army. For any of this to be remotely feasible, the people would have to retain their own arms.20
In Federalist 46, James Madison noted, “Ultimate authority wherever the derivative may be found, resides in the people alone” and not in the federal or state governments.21 If the federal government attempted to expand its “power beyond due limits” at the expense of states, the “latter would still have the advantage in the means of defeating such encroachments”. The States would resist the federal government by force. Even if the latter had the resources to raise powerful standing armies, states would always possess a greater resource in the number of citizens within their boundaries. State militias would outnumber a federal army.22 He added that Americans possessed a great advantage over all others in the world; whether the threat came from federal or state governments, the people are armed. In America, all government is “subordinate to the people” and the people are ultimately the masters of the militia because they are the militia.23
The Founders are clear. People have an individual right to keep and bear arms independent of membership in any form of militia or military unit. States have a right to resist, by force, federal usurpation of State rights and Constitutional liberties. The people retain the same rights with respect to both. Why do some attempt to tie firearms ownership to service in a quasi-professional militia or “national” (sic), State guard? Perhaps they do not trust the common man to be the master of his affairs including responsibility for his safety. People buying, building, and selling arms sans government oversight frightens them. What you smell is the aroma of elitism that permeates all aristocracies, economic, political, or professional. They have never trusted the Great Unwashed with freedom. To the elite, for anyone to claim people have the right to keep and bear arms, as a defense against the federal and state governments is unthinkable. Nevertheless, that is how this nation was born.
11 Pauline Maier, Ratification: The People Debate The Constitution, 1787-1788 (New York N.Y., Simon & Schuster, 2010), 67.
22 Author, 12 March 2020.
33 Daniel McCarthy, “Liberalism Cannot Stop The Shootings” American Spectator at https://spectator.us/liberalism-cannot-stop-shootings/
44 Stephen King, Danse Macabre (New York, N.Y. Berkley Books, 1982), 25, 26, 62, 63, 79, 80.
55 Stephen P. Halbrook, The Founders Second Amendment: Origins of the Right to Bear Arms (Chicago, Illinois, Ivan R. Dee, 2008), 129.
55 Stephen P. Halbrook, That Every Man Be Armed: The Evolution Of A Constitutional Right (Oakland, California, The Independent Institute, 1984), 58.
66 IBID. 60.
77 IBID. 61.
88 IBID. 61.
99 IBID. 71-72.
1010 Forrest McDonald, Novus Ordo Seclorum: The Intellectual Origins of the Constitution (Lawrence, Kansas, University Press of Kansas, 1985), ix, 60-63. See also, Gary T. Amos, Defending The Declaration (Brentwood, Tennessee, Wolgemuth & Hyatt, Publishers, Inc., 1989), 35-74, 117-118. Sheldon Richman, “Properly Interpreting the 2nd Amendment”, Human Events (June 16 1995), Halbrook’s The Founder’s Second Amendment, 221, and Gary A. Shade, “The Right to Keep and Bear Arms: The Legacy of Republicanism vs. Absolutism”, at https://www-firarmsandliberty.com/papers-shade/TheRightToKeepAndBearArms.Pdf
1111 Maier, 56.
1212 Leonard L. Richards, Shays’s Rebellion: The American Revolution’s Final Battle (Philadelphia, Pennsylvania, University of Pennsylvania Press, 2002), 43-62.
1313 IBID. 89-116.
1414 Kevin R. C. Gutzman, J.D., Ph.D. The Politically Incorrect Guide to the Constitution (Washington, D.C. Regnery Publishing, Inc., 2007), 15-28.
1515 Alexander Hamilton, John Jay, and James Madison, The Federalist (Birmingham, Alabama, Library of American Freedoms, Palladium Press, 2000), 170-171.
1616 IBID. 173.
1717 IBID. 173.
1818 IBID. 174.
1919 IBID. 175.
2020 IBID. 175-176, 178, 179.
2121 IBID. 305.
2222 IBID. 309-310.
2323 IBID. 310-311.



