The Patriot Post® · Natural Rights, Second Amendment and Right of Revolution

By Zachary Rogers

The Second Amendment protects the right of American citizens to keep and bear arms. Recognizing this, the Framers enshrined it in the Constitution to protect the liberty of American citizens. They did so not for arbitrary reasons or as a matter of their historical circumstances but as part of a logical and coherent understanding of man and the purpose of government.

Natural Rights and the American Regime

The American regime is based on natural law, natural rights, and the social compact. The political theory of the founding may be found in the Declaration of Independence. It may be succinctly stated.

First, all men are by nature equal. No man is born so superior in talent and wisdom that he may by right rule over another. Thomas Jefferson eloquently expressed this when he wrote, “The mass of mankind has not been born with saddles on their backs, nor a favored few booted and spurred, ready to ride them legitimately, by the grace of God.” Second, the state of nature is defective and not amenable to human flourishing and the protection of man’s natural rights. It may be defined as the “absence of organized political society and of government.” The state of nature also occurs when government breaks down. Third, the defects of the state of nature require the institution of government to protect the rights of those who consent to be governed.

Men have natural rights by virtue of the equality of man in the state of nature. In this state men have the right to self-preservation and the means requisite to do so. Therefore, men must have the means to protect themselves from the violence of those who would harm them. Rights are natural, inherent, and inalienable. They are natural because they do not come from government, they are inherent in human nature, and they cannot be given up. For the Framers man has the natural rights of life, liberty, and property. Government is instituted to better secure these rights.

Right to Revolution

The Framers understood that citizens have a right of revolution. When the government fails to protect the rights of citizens or attacks them they may justly fight to institute a new government that will secure these rights. This does not mean that a minority may overthrow a majority that is following the law and has not violated the natural rights of the citizens.

Revolution returns the people to the state of nature, and only prudence may determine when it is necessary to overthrow the existing government. Prior to the American Revolution, the Founders made numerous appeals to Parliament and the Crown before the deeds of the English made it necessary for the colonies to declare independence. The signers of the Declaration carefully set forth their efforts to maintain peace and the violations of their rights perpetrated by the English government, proving they were justified in their actions.

The right to own firearms and the right to revolution are linked. The right to own firearms is essential because it provides the means whereby men may throw off the shackles of a tyrannical government and defend their inalienable rights. Otherwise, it is impossible for the threat of revolution to restrain government or the people to successfully fight for their liberty when necessary.

The Purpose of the Second Amendment

The Framers recognized that man has inalienable rights that cannot be taken away. The right to defend oneself is such a right. The Second Amendment does not create this right because the right precedes the Constitution. It merely recognizes it and thereby acts as a check upon the government.

The Second Amendment helps protect liberty. The Framers knew their Roman and English history well. Standing armies had traditionally been a threat to liberty and ordered government. The example of the Roman legions choosing the emperor and the English example of Oliver Cromwell using the New Model Army to establish his will were clearly in mind.

An armed citizenry would keep the government in check, preventing the man on horseback from subverting the Republic. The Framers knew that angels were not men, that for this reason government was necessary, and that the ambition of men and the desire to dominate could lead to the destruction of liberty. If it ever becomes necessary for the American citizen to appeal to Heaven to take up arms against a government destructive of his rights, he will be able to do so because the Constitution protected his individual inalienable right to preserve his life and liberty.

Conclusion

The right to bear arms is based upon the inalienable natural right to self-preservation and the means requisite thereto, the need to protect liberty and the right to revolution, and the legal protection provided by the Constitution. Therefore, the government cannot take this right away. Those who contend that Republicans are defending a rapid obsession with guns or are captive to the special interest of the National Rifle Association fail to understand the principled basis for this right and its enshrinement in the Constitution.