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Posts Tagged ‘history’

The meaning of the Second Amendment becomes clear and obvious when you become familiar with a little bit of grammatical history. At the time of the writing of the Bill of Rights, there was a rather common abuse of the use of the comma by people who were not strict followers of proper grammar. (I know, it sounds silly, but go look it up yourself)

Bill of RightsThe version of the Bill of Rights that was published for re-distribution included three commas in the text, splitting the amendment into four separate parts — and this version is the one that is often seen today:

“A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”

However, the author of the Bill of Rights, James Madison, was not such a person as to abuse grammar rules and, like his predecessors in Jefferson and Franklin, he was rather specific and exercised practiced intent in how he phrased his statements — especially for documents of such import.

The actual text that was was read and approved and signed into law by the House of Representatives and the Senate, only included a single comma:

“A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”

Mind you, at the time of it’s writing, the term militia meant any body of armed men so-assembled to fight on behalf of the state. This is important and the placement of the single comma in the original text is extremely important when you also understand the nature of how such statements of intent were assembled at that time.

American_militia_firing_at_the_British_infantry_from_behind_a_split_rail_fence_during_the_Battle_of_Guilford_Courthouse,_March_15,_1781The first part before the comma is what is referred to as a dependent clause. A dependent clause is a phrase which cannot stand on it’s own. As such, it is included as a qualifier to a second independent’ clause and is included as reason for said independent clause. A ‘preamble‘ clause such as this is utilized to give (at least one, deemed most relevant or important) cause for the existence of the second, independent clause. The second half (after the comma) is in fact such an independent clause — one which stands on it’s own even without the pre-amble. (these are also referred to as a ‘prefactory’ and an ‘operative’ clause)

When you understand the nature of the language used and the manner in which it was written in the official, signed-into-law version, the original intent of this amendment is very clear. “The right to keep and bear arms shall not be infringed.” Nothing more needs to be said. But, the supporting clause given as the most relevant and important reason for this being so recognized is that the existence or formation of a militia is necessary to the security of a free state.

This is not ambiguous when you properly understand the language.

Discussions leading up to the drafting of the Bill of Rights included discussions of things such as individual self-defense against other individuals, and hunting, and shooting sports — the same as they do today. But the reason that was decided upon as the most relevant and important imperative cause to recognize and protect the individual right to keep and bear arms was the fact that it was also necessary for the state to have access to armies.

The purpose of the second amendment was NOT placed there for the purpose of having able bodied men who owned guns in the event the government needed to assemble such a militia. The second amendment was placed there BECAUSE the state would ultimately and necessarily always have access to such military force.

James Madison

James Madison, author of The Bill of Rights

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The Machinery of Freedom?

Lately I have engaged in a number of arguments with people supporting anarcho-capitalist notions. Many of the most extreme of these not only will throw out ambiguous desires for no government, but some of them have stumbled upon a few obfuscatory references to support their claims – or so it appears. Many those immediately point to the same video on youtube (The Machinery of Freedom).

mof

I’m reluctant to post a link to that post, because it’s a bunch of nice sounding rhetoric that makes the ideas of the Anarcho Capitalists seem workable – or at least sound more appealing. From what I understand, it’s an excerpt from a book (?) of the same name. I will admit I have not read the book, as of yet, I see no compelling reason to do so, especially if this excerpt is a representative example of the kinds of arguments the book attempts to make. The video in particular is talking about how police and courts can be handled by private ‘agencies’ like insurance agencies but with policing powers.

My take on ‘Anarchistic’ (non) government

Let me take an aside for a moment and speak to my own opinions of Anarchistic systems I have heard proposed and what I assert the consequences would be. In general, any time in history an anarchistic system is either established intentionally or results consequentially anywhere that a prior existing ‘government’ system (tyrannical or representative), the inevitable result in virtually all cases is for the society or region to fall quickly into tyranny. About the only exception to this is ‘frontier’ states where a migration of people are in the process of moving in, and the government they came from eventually moves in with them. (in other words, the desire is to bring not only themselves, but their culture and the means to maintain it with them)
As a result, I assert that the only time an anarchistic system can exist is when any other form of government is impracticable. Namely when the population is so low and the people are so spread out that a formal government is not only something that would be unfeasible, but is mostly unnecessary.

Some banter around words like ‘anarcho-socialism’ which is even more of an absurdity. A pseudo-marxist voluntary system where everyone just gets along and shares out of their love of the common good. (Whenever I hear this one, I start looking to see if the person is wearing Ruby slippers and chanting “There’s no place like social utopia… There’s no place like social utopia…”)

The basic conclusions that I arrive at whenever I examine suggested ‘anarchistic’ systems is that they will degrade into uncontrolled in fighting between ‘factions’ that spring up – aka ‘tribalism’ and ad-hoc governments will start to spring up despite any desire forbid governments (or certain types of them) to exist. Ultimately, the most brazen and charismatic leaders of these tribal factions will begin to gain a power base which will cause others in less powerful factions to side with the few remaining. The more brutal and irrational, without a basis of rules, will be the one that wins and it will either be beholden too or have to outright attack those with the most wealth first in order to achieve it’s ends. And those ends are tyranny rampant with brutality.

To the credit of the ‘anarchist’ thinkers, I am prone to agree with them that government based systems are also prone to a slow creep to tyranny regardless. But I’m also prone to think that a properly formed government will last far longer and produce better results than any ad-hoc system which is what ultimately results from any anarcho-based system. The best argument I ever heard in favor of anarchy was someone that didn’t describe it as lack of organized government, but a lack of ‘rulers’ – based on the original etymology of the word. At least the view is honest. (although the individual that communicated this to me was one of the ones that forwarded me the link to the video mentioned above)

So what about these Agencies?

In regard to the system outlined in the video itself (and any closely related to it), upon watching the whole thing, my most immediate questions are:

  1. how is that not going to continually erupt into conflict when two (or more) ‘competing’ agencies are marketing their ‘services’ to different groups with different interests and goals?
    and
  2. what is going to prevent that from eroding into serving primarily the ‘clients’ with the biggest pockets and/or most friends?

posseI used to bring up examples of the old west, and while I understand that the stories of the shootouts were more the exception than the norm, the nature of the law being somewhat ‘flexible’ based on whoever had the most gumption and the biggest posse was the only ‘working’ example of what they were talking about that I was aware of. And there were enough examples in the old west of that system failing to reach proper ‘justice’ and thus not being as ‘peachy’ as they describe it. So i always challenge people supporting such ideas to give a ‘working example’.

The honest ones will try to suggest, that just like the minarchism (which is what I support) in the US, it’s a bold, new idea that has never been tried but should be. The less honest will try to point to places where the anarchistic nature of the (lack of) government was simply a consequence of the nomadic or spread out population involved. One such example someone raised was Greenland – I looked it up. As soon as the population started to rise, the imperial influences in Europe came in and enacted a totalitarian regime.

Has it really never been tried?

But as I watched that video, something about what they were describing sounded familiar. And not from the old west. But at first I couldn’t quite put my finger on it. I ended up watching some portions of it a couple of times and finally it hit me. It has been tried. A lot. The thing that I couldn’t hit on is that I had this impression in my head – it came initially as just a hunch, but once I realized the nature of what they were describing, I realized there were examples of it – that the only way there can be ‘multiple agencies’ in a single region is if the agencies have very similar goals and if those agencies have formal agreements (i.e. “government”) between one another not only as to how they will pursue those goals to mutual benefit, but to address what to do when their goals come into conflict.

Any other instance of multiple agencies with competing goals being in the same geographical region, as I was inclined to think, break down into endless conflict or results in the multiple agencies drawing lines in the sand based on whatever geography each of them can secure and defend. And even then, the feelings of resentment from their ‘customers’ carry on for years, even decades and centuries and conflicts at their borders generally continue with that resentment. People who used to live on one side of the line want back what they had. People who were moved against their will want to strike back.

Then the money and influence is also exemplified over and over again. Agencies as they describe, do in fact pander and cater to specific desires of the ‘customers’ they claim to represent. If those in charge of an agency, once confined to a given set of geography, feel bold enough, they will even turn on their customers and use the power they have amassed for their own ends. And even when this doesn’t happen, money and influence constantly peck at the doors and convince some running or working for the agencies to suit their needs above the needs of the rest of the ‘customers’.

History is the evidence

No, the anarcho-capitalist’s “agency” approach isn’t anything new at all. They just fail to see how the mixing of opposed ‘customers’ does turn into an endless shootout. It’s happened. In Israel. In Ireland. In Rowanda. In Korea. In Viet Nam. In Cambodia. In Eastern Europe.

If you haven’t figured it out yet yourself, the corollary is international politics. And ask anyone if they want a system that mirrors the one that spawned holy wars, inquisitions, imperial conquests, world wars, nuclear cold wars, etc. I have a feeling, anyone with a brain will say ‘NO’!

international

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