James Madison versus Gun Control
In light of the debate about the Second Amendment and the gun laws our President would like to see imposed, it might not be inappropriate to remind ourselves of the Founders' views on the subject.
James Madison, in Federalist 46, argued in favor of ratifying the
Constitution in spite of the fears of the anti-federalists that the federal
government would then have the authority to command a “regular army” and thus the
power to deprive the people of their liberty. There were, in Madison’s view,
two insurmountable obstacles to this kind of federal tyranny: (1) the power of the state governments, and
(2) a well-armed American populace, two advantages not enjoyed, he observed, by
the people in the nations of Europe. Here are his words:
Extravagant as the supposition is, let it however be made. Let a
regular army, fully equal to the resources of the country, be formed; and let
it be entirely at the devotion of the federal government; still it would not be
going too far to say, that the State governments, with the people on their
side, would be able to repel the danger. The highest number to which, according
to the best computation, a standing army can be carried in any country, does
not exceed one hundredth part of the whole number of souls; or one twenty-fifth
part of the number able to bear arms. This proportion would not yield, in the
United States, an army of more than twenty-five or thirty thousand men. To
these would be opposed a militia amounting to near half a million of citizens
with arms in their hands, officered by men chosen from among themselves,
fighting for their common liberties, and united and conducted by governments
possessing their affections and confidence. It may well be doubted, whether a
militia thus circumstanced could ever be conquered by such a proportion of
regular troops. Those who are best acquainted with the last successful
resistance of this country against the British arms, will be most inclined to
deny the possibility of it. Besides the advantage of being armed, which the
Americans possess over the people of almost every other nation, the existence
of subordinate governments, to which the people are attached, and by which the
militia officers are appointed, forms a barrier against the enterprises of
ambition, more insurmountable than any which a simple government of any form
can admit of. Notwithstanding the military establishments in the several
kingdoms of Europe, which are carried as far as the public resources will bear,
the governments are afraid to trust the people with arms. And it is not
certain, that with this aid alone they would not be able to shake off their yokes.
But were the people to possess the additional advantages of local governments
chosen by themselves, who could collect the national will and direct the
national force, and of officers appointed out of the militia, by these
governments, and attached both to them and to the militia, it may be affirmed
with the greatest assurance, that the throne of every tyranny in Europe would
be speedily overturned in spite of the legions which surround it. Let us not
insult the free and gallant citizens of America with the suspicion, that they
would be less able to defend the rights of which they would be in actual
possession, than the debased subjects of arbitrary power would be to rescue
theirs from the hands of their oppressors. Let us rather no longer insult them with
the supposition that they can ever reduce themselves to the necessity of making
the experiment, by a blind and tame submission to the long train of insidious
measures which must precede and produce it.
The argument under the present head may be put into a very concise
form, which appears altogether conclusive. Either the mode in which the federal
government is to be constructed will render it sufficiently dependent on the
people, or it will not. On the first supposition, it will be restrained by that
dependence from forming schemes obnoxious to their constituents. On the other
supposition, it will not possess the confidence of the people, and its schemes
of usurpation will be easily defeated by the State governments, who will be
supported by the people.
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