District of Columbia v. Heller ... Essay at Constituting America

Guest Essayist: James D. Best

Today's essay at Constituting America is District of Columbia v. Heller, which ruled on a long-simmering conflict about the meaning of the 2nd Amendment.

District of Columbia v. Heller provided clarity to a long and quarrelsome debate about the application of the Second Amendment. The crux of the case was whether the right to “keep and bear arms” was an individual right or a collective right associated with regulated militias. The Supreme Court (5-4) ruled the Second Amendment an individual right.

You can read or listen to the entire essay here.

7th Annual 90-Day Study

Power To The Regulators!

The Founders believed that consolidating executive, legislative, and judicial powers would threaten liberty, so to avoid this tragedy, they built our constitutional framework with checks and balances. James Madison, the Father of the Constitution, wrote in Federalist 47 that “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.”

Whew! Thank goodness we avoided that kind of government.

On second thought, we didn’t. Despite the Founders best efforts, Congress has concentrated executive, legislative, and judicial powers into regulatory agencies. Lazy legislators pass vague laws and then permit regulators to fill in the devilish details. Many of these regulatory agencies employ their own adjudication panels with internal appeal boards that judge the rightness or wrongness of their own actions. (A final appeal may be made to outside courts, but usually not until all of the agency’s protocols have run their course.) Lastly, regulatory agencies execute their own interpretation of laws, with—if White House responses to regulatory scandals are to be believed—no oversight by the top executive.

Surely, this can’t be right. It would violate every precept of the Founders.

Unfortunately, it’s true. In fact, amassing vast powers in regulatory agencies has become so commonplace, few take notice anymore. At least, few took notice until the Consumer Financial Protection Bureau raised this liberty-sapping drift to a brand new level.

Celebrate Constitution Day by Buying Tempest at Dawn

Okay, that's a bit self-serving, but if you want to understand the Constitutional Convention, Tempest at Dawn is a good place to start. The novel accurately portrays the convention proceeding and the lifestyle of the delegates who attended. If you prefer a nonfiction account, then I recommend Decision In Philadelphia by Christopher Collier.

Is the US Constitution Viable in the 21st Century?

Today, many people question the viability of our Constitution. People ask if 18th century men could anticipate the complex issues of the 21st Century. In other words, can something written over two hundred years ago direct a government in our modern world? The short answer is yes, but let me explain.

When James Madison brought the Virginia Plan to Philadelphia, it was not a list of laws, but a system of government. A system that forthrightly recognized the weaknesses of man, and delineated a set of checks and balances to distribute power; not just between the three branches of government, but also between the federal government and the states.

Although the delegates debated endlessly over the elements of the design, and made major revisions to Madison's plan, they always kept the debates focused on limiting centers of powers. They were serious men designing a system of government for the ages to protect liberty for themselves and their posterity. Although not a common phrase at the time, every one of the fifty-five men at the Federal Convention would agree with the maxim that power corrupts, and absolute power corrupts absolutely.

Lincoln at Cooper Union

Lincoln photo from day of speech

In early 1860, Abraham Lincoln was a little known regional politician from Springfield, Illinois. The Republican Party was new, and had failed running national hero John C. Frémont for president in 1856. Lincoln's chances of ascending to the presidency under the Republican banner were slight. All that changed in New York City on February 27, 1860. That afternoon, Lincoln had his photograph taken by Mathew Brady, and in the evening, he gave a historic speech at the Cooper Union. Lincoln often claimed that Brady’s photograph and his Cooper Union address propelled him to the presidency.

Below is a highly abridged version of Lincoln’s speech.

Liberty and Private Property

“The pillars of our prosperity are the most thriving when left most free to individual enterprise.” Thomas Jefferson

The Founders were firm believers in private property rights.  In their minds, private property rights and liberty were intertwined.  Does this make sense?

Let’s go back to 1776.  At the time, we revolted against more than the British; we also revolted against Divine Right.  A short time earlier only nobility owned property and the great mass of humanity were serfs.  As this system withered, the common man developed property rights, and with property, gained political voice.  The Enlightenment preached that all men possessed God given rights, including the right to own property. By the second half of the eighteenth century, most British subjects equated property rights with liberty because they had seen that one followed the other.

In their view, prosperity and broad distribution of wealth depended on the protection of private property.  Even before the Declaration of Independence, the Virginia Declaration of Rights led off with “all men are by nature equally free and independent and have certain inherent rights, of which … namely, the enjoyment of life and liberty, with the means of acquiring and possessing property.”

James Madison said, “The government is instituted to protect property.”