From: KEBARNES@MSUVX1.MEMPHIS.EDU Date: Sat, 21 Oct 1995 15:12:23 -0500 (CDT) Subject: RKBA Quotes 4/4 To: chan@shell.portal.com "Fellow-citizens of the United States: In compliance with a custom as old is the Government itself, I appear before you to address you briefly, and to take in your presence the oath prescribed by the Constitution of the United States to be taken by the President 'before he enters on the execution of his office.' I do not consider it necessary at present for me to discuss those matters of administration about which there is no special anxiety or excitement. Apprehension seems to exist among the people of the Southern States that by the accession of a Republican Administration their property and their peace and personal security are to be endangered. There has never been any reasonable cause for such apprehension. Indeed, the most ample evidence to the contrary has all the while existed and been open to their inspection. It is found in nearly all the published speeches of him who now addresses you. I do but quote from one of those speeches when I declare that "I have no purpose, directly or indirectly, to interfere with the institution of slavery in the States where it exists. I believe I have no lawful right to do so, and I have no inclination to do so." Those who nominated and elected me did so with full knowledge that I had made this and many similar declarations, and had never recanted them. And, more than this, they placed in the platform for my acceptance, and as a law to themselves and to me, the clear and emphatic resolution which I now read: "Resolved, That the maintenance inviolate of the rights of the States, and especially the right of each State to order and control its own domestic institutions according to its own judgment exclusively, is essential to that balance of power on which the perfection and endurance of our political fabric depend, and we denounce the lawless invasion by armed force of the soil of any State or Territory, no matter under what pretext, as among the gravest of crimes." I now reiterate these sentiments; and, in doing so, I only press upon the public attention the most conclusive evidence of which the case is susceptible, that the property, peace, and security of no section are to be in any wise endangered by the now incoming Administration. I add, too, that all the protection which, consistently with the Constitution and the laws, can be given, will be cheerfully given to all the States when lawfully demanded, for whatever cause --as cheerfully to one section, as to another. There is much controversy about the delivering up of fugitives from service or labor. The clause I now read is as plainly written in the Constitution as any other of its provisions: "No person held to service or labor in one State, under the laws thereof, escaping into another, shall in consequence of any law or regulation therein be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due." It is scarcely questioned that this provision was intended by those who made it for the reclaiming of what we call fugitive slaves; and the intention of the lawgiver is the law. All Members of Congress swear their support to the whole Constitution --to this provision as much as to any other. To the proposition, then, that slaves whose cases come within the terms of this clause, "shall be delivered up," their oaths are unanimous. Now, if they would make the effort in good temper, could they not with nearly equal unanimity frame and pass a law by means of which to keep good that unanimous oath? There is some difference of opinion whether this clause should be enforced by national or by State authority; but surely that difference is not a very material one. If the slave is to be surrendered, it can be of but little consequence to him, or to others, by which authority it is done. And should any one, in any case, be content that his oath shall go unkept, on a merely unsubstantial controversy as to how it shall be kept? Again, in any law upon this subject, ought not all the safeguards of liberty known in civilized and humane jurisprudence to be introduced so that a free man be not, in any case, surrendered as a slave? And might it not be well at the same time to provide by law for the enforcement of that clause in the Constitution which guarantees that "the citizen of each State shall be entitled to all privileges and immunities of citizens in the several States"? I take the official oath to-day with no mental reservations and with no purpose to construe the Constitution or laws by any hypercritical rules. And while I do not choose now to specify particular acts of Congress as proper to be enforced, I do suggest that it will be much safer for all, both in official and private stations, to conform to and abide by all those acts which stand unrepealed, than to violate any of them trusting to find impunity in having them held to be unconstitutional. It is seventy-two years since the first inauguration of a President under our National Constitution. During that period fifteen different and greatly distinguished citizens have, in succession, administered the Executive branch of the Government. They have conducted it through many perils, and generally with great success. Yet, with all this scope of precedent, I now enter upon the same task for the brief constitutional term of four years under great and peculiar difficulty. A disruption of the Federal Union, heretofore only menaced, is now formidably attempted. I hold that, in contemplation of universal law and of the Constitution, the Union of these States is perpetual. Perpetuity is implied, if not expressed, in the fundamental law of all national governments. It is safe to assert that no government proper ever had a provision in its organic law for its own termination. Continue to execute all the express provisions of our National Constitution, and the Union will endure forever --it being impossible to destroy it except by some action not provided for in the instrument itself. Again, if the United States be not a Government proper, but an association of States in the nature of contract merely, can it, as a contract, be peaceably unmade by less than all the parties who made it? One party to a contract may violate it --break it, so to speak, but does it not require all to lawfully rescind it? Descending from these general principles, we find the proposition that, in legal contemplation, the Union is perpetual, confirmed by the history of the Union itself. The Union is much older than the Constitution. It was formed, in fact, by the Articles of Association in 1774. It was matured and continued by the Declaration of Independence in 1776. It was further matured, and the faith of all the then thirteen States expressly plighted and engaged that it should be perpetual, by the Articles of Confederation in 1778. And, finally, in 1787, one of the declared objects for ordaining and establishing the Constitution was, 'to form a more perfect Union.' But if the destruction of the Union by one, or by a part only, of the States be lawfully possible, the Union is less perfect than before the Constitution, having lost the vital element of perpetuity. It follows from these views that no State, upon its own mere motion, can lawfully get out of the Union; that resolves and ordinances to that effect are legally void; and that acts of violence, within any State or States, against the authority of the United States, are insurrectionary or revolutionary, according to circumstances. I therefore consider that, in view of the Constitution and the laws, the Union is unbroken; and to the extent of my ability I shall take care, as the Constitution itself expressly enjoins upon me, that the laws of the Union be faithfully executed in all of the States. Doing this I deem to be only a simple duty on my part; and I shall perform it, so far as practicable, unless my rightful masters, the American people, shall withhold the requisite means, or in some authoritative manner direct the contrary. I trust this will not be regarded as a menace, but only as the declared purpose of the Union that it will constitutionally defend and maintain itself. In doing this there needs to be no bloodshed or violence; and there shall be none, unless it be forced upon the national authority. The power confided to me will be used to hold, occupy, and possess the property and places belonging to the Government, and to collect the duties and imposts; but beyond what may be necessary for these objects, there will be no invasion, no using of force against or among the people anywhere. Where hostility to the United States, in any interior locality, shall be so great and universal as to prevent competent resident citizens from holding the Federal offices, there will be no attempt to force obnoxious strangers among the people for that object. While the strict legal right may exist in the Government to enforce the exercise of these offices, the attempt to do so would be so irritating, and so nearly impracticable withal, that I deem it better to forego for the time the uses of such offices. The mails, unless repelled, will continue to be furnished in all parts of the Union. So far as possible, the people everywhere shall have that sense of perfect security which is most favorable to calm thought and reflection. The course here indicated will be followed unless current events and experience shall show a modification or change to be proper, and in every case and exigency my best discretion will be exercised according to circumstances actually existing, and with a view and a hope of a peaceful solution of the national troubles, and the restoration of fraternal sympathies and affections. That there are persons in one section or another who seek to destroy the Union at all events, and are glad of any pretext to do it, I will neither affirm nor deny; but if there be such, I need address no word to them. To those, however, who really love the Union may I not speak? Before entering upon so grave a matter as the destruction of our national fabric, with all its benefits, its memories, and its hopes, would it not be wise to ascertain precisely why we do it? Will you hazard so desperate a step while there is any possibility that any portion of the ills you fly from have no real existence? Will you, while the certain ills you fly to are greater than all the real ones you fly from --will you risk the commission of so fearful a mistake? All profess to be content in the Union, if all constitutional rights can be maintained. Is it true, then, that any right, plainly written in the Constitution, has been denied? I think not. Happily the human mind is so constituted, that no party can reach to the audacity of doing this. Think, if you can, of a single instance in which a plainly written provision of the Constitution has ever been denied. If by the mere force of numbers a majority should deprive a minority in any clearly written constitutional right, it might, in a moral point of view, justify revolution --certainly would if such a right were a vital one. But such is not our case. All the vital rights of minorities and of individuals are so plainly assured to them by affirmations and negations, guaranties and prohibitions, in the Constitution, that controversies never arise concerning them. But no organic law can ever be framed with a provision specifically applicable to every question which may occur in practical administration. No foresight can anticipate, nor any document of reasonable length contain, express provisions for all possible questions. Shall fugitives from labor be surrendered by national or by State authority? The Constitution does not expressly say. May Congress prohibit slavery in the Territories? The Constitution does not expressly say. Must Congress protect slavery in the Territories? The Constitution does not expressly say. From questions of this class spring all our constitutional controversies, and we divide upon them into majorities and minorities. If the minority will not acquiesce, the majority must, or the Government must cease. There is no other alternative; for continuing the Government is acquiescence on one side or the other. If a minority in such case will secede rather than acquiesce, they make a precedent which in turn will divide and ruin them; for a minority of their own will secede from them whenever a majority refuses to be controlled by such minority. For instance, why may not any portion of a new confederacy a year or two hence arbitrarily secede again, precisely as portions of the present Union now claim to secede from it? All who cherish disunion sentiments are now being educated to the exact temper of doing this. Is there such perfect identity of interests among the States to compose a new Union as to produce harmony only, and prevent renewed secession? Plainly, the central idea of secession is the essence of anarchy. A majority held in restraint by constitutional checks and limitations, and always changing easily with deliberate changes of popular opinions and sentiments, is the only true sovereign of a free people. Whoever rejects it does, of necessity, fly to anarchy or to despotism. Unanimity is impossible; the rule of a minority, as a permanent arrangement, is wholly inadmissible; so that, rejecting the majority principle, anarchy or despotism in some form is all that is left. I do not forget the position, assumed by some, that constitutional questions are to be decided by the Supreme Court; nor do I deny that such decisions must be binding, in any case, upon the parties to a suit, as to the object of that suit, while they are also entitled to very high respect and consideration in all parallel cases by all other departments of the Government. And while it is obviously possible that such decision may be erroneous in any given case, still the evil effect following it, being limited to that particular case, with the chance that it may be overruled and never become a precedent for other cases, can better be borne than could the evils of a different practice. At the same time, the candid citizen must confess that if the policy of the Government, upon vital questions affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties in personal actions, the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal. Nor is there in this view any assault upon the court or the judges. It is a duty from which they may not shrink to decide cases properly brought before them, and it is no fault of theirs if others seek to turn their decisions to political purposes. One section of our country believes slavery is right, and ought to be extended, while the other believes it is wrong, and ought not to be extended. This is the only substantial dispute. The fugitive-slave clause of the Constitution, and the law for the suppression of the foreign slave trade, are each as well enforced, perhaps, as any law can ever be in a community where the moral sense of the people imperfectly supports the law itself. The great body of the people abide by the dry legal obligation in both cases, and a few break over in each. This, I think, cannot be perfectly cured; and it would be worse in both cases after the separation of the sections, than before. The foreign slave trade, now imperfectly suppressed, would be ultimately revived without restriction, in one section; while fugitive slaves, now only partially surrendered, would not be surrendered at all by the other. Physically speaking, we cannot separate. We cannot remove our respective sections from each other, nor build an impassable wall between them. A husband and wife may be divorced, and go out of the presence and beyond the reach of each other; but the different parts of our country cannot do this. They cannot but remain face to face, and intercourse, either amicable or hostile, must continue between them. Is it possible, then, to make that intercourse more advantageous or more satisfactory after separation than before? Can aliens make treaties easier than friends can make laws? Can treaties be more faithfully enforced between aliens than laws can among friends? Suppose you go to war, you cannot fight always; and when, after much loss on both sides, and no gain on either, you cease fighting, the identical old questions as to terms of intercourse are again upon you. This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing Government, they can exercise their constitutional right of amending it, or their revolutionary right to dismember or overthrow it. I cannot be ignorant of the fact that many worthy and patriotic citizens are desirous of having the National Constitution amended. While I make no recommendation of amendments, I fully recognize the rightful authority of the people over the whole subject, to be exercised in either of the modes prescribed in the instrument itself; and I should, under existing circumstances, favor rather than oppose, a fair opportunity being afforded the people to act upon it. I will venture to add that to me the convention mode seems preferable, in that it allows amendments to originate with the people themselves, instead of only permitting them to take or reject propositions originated by others, not especially chosen for the purpose, and which might not be precisely such as they would wish to either accept or refuse. I understand a proposed amendment to the Constitution --which amendment, however, I have not seen --has passed Congress, to the effect that the Federal Government shall never interfere with the domestic institutions of the States, including that of persons held to service. To avoid misconstruction of what I have said, I depart from my purpose, not to speak of particular amendments, so far as to say that, holding such a provision to now be implied constitutional law, I have no objection to its being made express and irrevocable. The Chief Magistrate derives all his authority from the people, and they have conferred none upon him to fix terms for the separation of the States. The people themselves can do this also if they choose; but the Executive, as such, has nothing to do with it. His duty is to administer the present Government, as it came to his hands, and to transmit it, unimpaired by him, to his successor. Why should there not be a patient confidence in the ultimate justice of the people? Is there any better or equal hope in the world? In our present differences is either party without faith of being in the right? If the Almighty Ruler of Nations, with his eternal truth and justice, be on your side of the North, or on yours of the South, that truth and that justice will surely prevail by the judgment of this great tribunal of the American people. By the frame of the Government under which we live, this same people have wisely given their public servants but little power for mischief; and have, with equal wisdom, provided for the return of that little, to their own hands at very short intervals. While the people retain their virtue and vigilance, no administration, by any extreme of wickedness or folly, can very seriously injure the government in the short space of four years. My countrymen, one and all, think calmly and well upon this whole subject. Nothing valuable can be lost by taking time. If there be an object to hurry any of you in hot haste to a step which you would never take deliberately, that object will be frustrated by taking time; but no good object can be frustrated by it. Such of you as are now dissatisfied, still have the old Constitution unimpaired, and, on the sensitive point, the laws of your own framing under it; while the new Administration will have no immediate power, if it would, to change either. If it were admitted that you who are dissatisfied hold the right side in the dispute, there still is no single good reason for precipitate action. Intelligence, patriotism, Christianity, and a firm reliance on Him who has never yet forsaken this favored land are still competent to adjust, in the best way, all our present difficulty. In your hands, my dissatisfied fellow-countrymen, and not in mine, is the momentous issue of civil war. The Government will not assail you. You can have no conflict without being yourselves the aggressors. You have no oath registered in Heaven to destroy the Government, while I shall have the most solemn one to "preserve, protect, and defend it." I am lo[a]th to close. We are not enemies, but friends. We must not be enemies. Though passion may have strained, it must not break our bonds of affection. The mystic chords of memory, stretching from every battle-field and patriot grave to every living heart and hearthstone all over this broad land, will yet swell the chorus of the Union, when again touched, as surely they will be, by the better angels of our nature." --Abraham Lincoln (1809-assassinated 1865), First Inaugural Address, March 4, 1861 "War is an ugly thing, but not the ugliest of things: the decayed and degraded sense of moral and patriotic feeling which thinks nothing _worth_ a war, is worse. When a people are used as mere human instruments for firing cannon or thrusting bayonets, in the service and for the selfish purposes of a master, such war degrades a people. A war to protect other human beings against tyrannical injustice; a war to give victory to their own ideas of right and good, and which is their own war, carried on for an honest purpose by their free choice, --is often the means of their regeneration. A man who has nothing which he is willing to fight for, nothing which he cares about more than he does about his personal safety, is a miserable creature who has no chance of being free, unless made and kept so by the exertions of better men than himself. As long as justice and injustice have not terminated _their_ ever-renewing fight for ascendancy in the affairs of mankind, human beings must be willing, when need is, to do battle for the one against the other." --John Stuart Mill (1806-1873), "The Contest In America," Fraser's Magazine, February 1862 [reprinted in Mill's_Dissertations and Discussions, vol.1 p.26 (1868)] <> "I am not hurt." --Ulysses S. Grant (1822-1885), to his family and officers after accidentally discharging a new breechloading rifle into his own hand (the only gunshot wound the general suffered in his entire military career), February 25, 1866 "I declare to you that woman must not depend upon the protection of man, but must be taught to protect herself, and there I take my stand." --Susan B. Anthony (1820-1906), speech in San Franscisco, July 1871 "I was armed to the teeth with a pitiful little Smith & Wesson's seven-shooter, which carried a ball like a homeopathic pill, and it took the whole seven to make a dose for an adult. But I thought it was grand. It appeared to me to be a dangerous weapon. It had only one fault-- you could not hit anything with it." --Mark Twain [Samuel Langhorne Clemens] (1835-1910), _Roughing It,_(1872) "The right of the people to peaceably assemble for lawful purposes existed long before the adoption of the Constitution. In fact, it is, and always has been, one of the attributes of citizenship under a free government. It 'derives its source,' to use the language of Chief Justice Marshall... 'from those laws whose authority is acknowledged by civilized man throughout the world.' It is found wherever civilization exists. It is not, therefore, a right granted to the people by the Constitution. The government of the United States when established found it in existence, with the obligation on the part of the states to afford it protection. As no direct power over it was granted to Congress, it remains... subject to State juridiction. Only such existing rights were committed by the people to the protection of Congress as came within the general scope of the authority granted to the national government. * * * The second and tenth counts [of the indictment] are equally defective. The right there [in the Second Amendment] specified is that of 'bearing arms for a lawful purpose.' This is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence. The second amendment declares that it shall not be infringed; but this, as has been seen, means no more than that it shall not be infringed by Congress. This is one of the amendments that has no other effect than to restrict the powers of the national government, leaving the people to look for their protection against any violation by their fellow- citizens of the rights it recognizes, to what is called... the 'powers which relate to merely municipal legislation, or what was, perhaps, more properly called internal police,' [powers] 'not surrendered or restrained' by the Constitution of the United States." --U.S. Supreme Court Chief Justice Morrison R. Waite (1816-1888), writing in_U.S. v. Cruikshank, et al.,_ U.S. Reports v.92 pp.551-553, Lawyer's Edition v.23 p.588 (1875) <> "It is undoubtedly true that all citizens capable of bearing arms constitute the reserved military force or reserve militia of the United States as well as of the Sates, and, in view of this perogative of the general government, as well as of its general powers, the States cannot, even laying the constitutional provision out of view, prohibit the people from keeping and bearing arms, so as to deprive the United States of their rightful resource for maintaining public security, and disable the people from performing their duty to general government." --U.S. Supreme Court Justice William B. Woods (1824-1887), writing in_Presser v. Illinois,_ U.S. Reports v.116 p.252, Supreme Court Reports v.6 p.580, Lawyer's Edition v.29 p.615 (1886) 20TH CENTURY "The Government makes no attempt to defend the methods employed by its officers. Indeed, it concedes that if wire-tapping can be deemed a search and seizure within the Fourth Amendment, such wire-tapping as was practiced in the case at bar was an unreasonable search and seizure, and that evidence thus obtained was inadmissible. But it relies on the language of the Amendment; and it claims that the protection given thereby cannot properly be held to include a telephone conversation. 'We must never forget,' said Mr. Chief Justice [John] Marshall in _McCulloch v. Maryland,_[...] 'that this is a constiutution we are expounding.' Since then, this Court has repeatedly sustained the exercise of power by Congress, under various clauses of that instrument, over objects of which the Founders could not have dreamed. [...] We have likewise held that general limitations on the powers of Government, like those embodied in the due process clauses of the Fifth and Fourteenth Amendments, do not forbid the United States or the States from meeting modern conditions by regulations which 'a century ago, or a half-century ago, probably would have been rejected as arbitrary and oppressive.' * * * When the Fourth and Fifth Amendments were adopted, 'the form that evil had theretofore taken,' had been necessarily simple. Force and violence were then the only means known to man by which a Government could directly effect self-incrimination. It could compel the individual to testify --a compulsion effected, if need be, by torture. It could secure possession of his papers and other articles incident to his private life --a seizure effected, if need be, by breaking and entry. Protection against such invasion of 'the sanctities of a man's home and the privacies of life' was provided in the Fourth and Fifth Amendments by specific language. [...] But 'time works changes, brings into existence new conditions and purposes.' Subtler and more far-reaching means of invading privacy have become available to the Government. Discovery and invention have made it possible for the Government, by means far more effective than stretching upon the rack, to obtain disclosure in court of what is whispered in the closet. Moreover, 'in the application of a constitution, our contemplation cannot be only of what has been but of what may be.' The progress of science in furnishing the Government with means of espionage is not likely to stop with wire-tapping. Ways may someday be developed by which the Government, without removing papers from secret drawers, can reproduce them in court, and by which it will be enabled to expose to a jury the most intimate occurrences of the home. [...] 'That places the liberty of every man in the hands of every petty officer' was said by James Otis of much lesser intrusions than these. [...] Can it be that the Constitution affords no protection against such invasions of individual security? * * * [James Otis (1725-1783) who Brandeis quotes here was a lawyer in colonial Massachusetts arguing against the British "Writs of Assistance," a type of random search warrant that empowered royal customs officers to search the colonists' homes for contraband. Note that Brandeis is almost prophetic here in describing the capabilities of computers, which indeed allow for papers to be reproduced without removing them from their "secret drawers," sometimes without the knowledge or consent of their owner(s).] [...] As a means of espionage, writs of assistance and general warrants are but puny instruments of tyranny and oppression when compared with wire-tapping. * * * [...] Unjustified search and seizure violates the Fourth Amendment, whatever the character of the paper; whether the paper when taken by the federal officers was in the home, in an office or elsewhere, whether the taking was effected by force, by fraud, or in the orderly process of a court's procedure. [...]It follows necessarily that the Amendment is violated by the officer's reading the paper without a physical seizure, without his even touching it; and that use, in any criminal proceeding, of the contents of the paper so examined --as where they are testified to by a federal officer who thus saw the document or where, through knowledge so obatined, a copy has been procured elsewhere --any such use constitutes a violation of the Fifth Amendment. The protection guaranteed by the Amendments is much broader in scope. The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man's spiritual nature, of his feelings and of his intellect. They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the Government, the right to be left alone --the most comprehensive of rights and the most valued by civilized men. To protect that right, every unjustifiable intrusion by the Government upon the privacy of the individual, whatever the means employed, must be deemed a violation of the Fourth Amendment. And the use, as evidence in a criminal proceeding, of facts ascertained by such intrusion must be deemed a violation of the Fifth. Applying the Fourth and Fifth Amendments in the established rule of construction, the defendants' objections to the evidence obtained by wire-tapping must, in my opinion, be sustained. It is, of course, immaterial where the physical connection with the telephone wires leading into the defendants' premises was made. And it is also immaterial that the intrusion was in aid of law enforcement. Experience should teach us to be most on our guard to protect liberty when the Government's purposes are beneficient. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding. * * * When these unlawful acts were committed, they were crimes only of the [Government's] officers individually. The Government was innocent, in legal contemplation; for no federal official is authorized to commit a crime on its behalf. [...] And if this Court should permit the Government, by means of its officers crimes, to effect its purpose of punishing the defendants, there would seem to be present all the elements of a ratification [of the officers' actions]. If so, the Government itself would become a lawbreaker. * * * Decency, security and liberty alike demand that government officials shall be subjected to the same rules of conduct that are commands to the citizen. In a government of laws, the existence of the government will be imperiled if it fails to observe the law scrupulously. Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy. To declare that in the administration of the criminal law the end justifies the means --to declare that the Government may commit crimes in order to secure the conviction of a private criminal --would bring terrible retribution. Against that pernicious doctrine this Court should resolutely set its face." [It is fortunate that Mr. Justice Brandeis is long dead, or else this last paragraph might be considered "hate speech" in our modern political climate... --KB] --U.S. Supreme Court Justice Louis D. Brandeis (1856-1941), dissenting, Olmstead, et al. v. United States, United States Reports, v.277 pp.471-485 (1928) "You need only reflect that one of the best ways to get yourself a reputation as a dangerous citizen these days is to go about repeating the very phrases which our founding fathers used in the great struggle for independence." --Charles Austin Beard (1874-1948) <> "Every Communist must grasp the truth, 'Political power grows out of the barrel of a gun.' Our principle is that the [Communist] Party commands the gun and the gun will never be allowed to command the Party." --Mao Tse-tung (1893-1976), "Problems of War and Strategy," November 6, 1938, in_Selected Works of Mao Zedong_(1965) "This year* will go down in history! For the first time, a civilized nation has full gun registration! Our streets will be safer, our police more efficient, and the world will follow our lead into the future!" --falsely attributed to Adolf Hitler (1889-1945), "Abschied vom Hessenland!" ["Farewell to Hessia!"], ['Berlin Daily' (Loose English Translation)], April 15th, 1935, Page 3 Article 2, Einleitung Von Eberhard Beckmann [Introduction by Eberhard Beckmann] <> "No appearance for appellees. * * * In the absence of any evidence tending to show that possession or use of a 'shotgun having a barrel of less than eighteen inches in length' at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument. Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment or that its use could contribute to the common defense. * * * The Militia which the States were expected to maintain and train is set in contrast with Troops which they were forbidden to keep without the consent of Congress. The sentiment of the time strongly disfavored standing armies; the common view was that adequate defense of the country and laws could be secured through the Militia --civilians primarily, soldiers on occasion. The signification attributed to the term Militia appears from the debates in the Convention, the history and legislation of the Colonies and States, and the writings of approved commentators. These show plainly enough that the Militia comprised all males physically capable of acting in concert for the common defense. 'A body of citizens enrolled for military discipline.' And further, that when ordinarily called for service these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time." --U.S. Supreme Court Justice James C. McReynolds (1862-1946), writing in _U.S. v. Miller,_ U.S. Reports v.307 p.174, Supreme Court Reporter v.59 p.816, Lawyer's Edition v.83 p.1206 (1939) <> "An armed society is a polite society. Manners are good when one may have to back up his acts with his life." --Robert A. Heinlein (1907-1988), "Beyond This Horizon," in _Astounding Science Fiction_ April-May 1942 "Der groBte Unsinn, den man in den besetzen Ostgebieten machen konne, sei der, den unterworfenen Volkern Waffen zu geben. Die Geschicte lehre, daB alle Herrenvolker untergegangen seien, nachdem sie den von ihnen unterworfenen Volkern Waffen bewilligt hatten." [The most foolish mistake we could possibly make would be to permit the conquered Eastern peoples to have arms. History teaches that all conquerors who have allowed their subject races to carry arms have prepared their own downfall by doing so.] --Adolf Hitler (1889-1945), April 11, 1942, quoted in _Hitlers Tischegesprache Im Fuhrerhauptquartier 1941-1942,_[Hitler's Table- Talk at the Fuhrer's Headquarters 1941-1942], Dr. Henry Picker, ed. (Athenaum-Verlag, Bonn, 1951) <> "The right to buy weapons is the right to be free." --A. E. Van Vogt, "The Weapon Shops," in_Astounding Science Fiction,_ December 1942 "It is a commonplace that the history of civilisation is largely the history of weapons. In particular, the connection between the discovery of gunpowder and the overthrow of feudalism by the bourgeoisie has been pointed out over and over again. And though I have no doubt exceptions can be brought forward, I think the following rule would be found to be generally true: that ages in which the dominant weapon is expensive or difficult to make will be ages of despotism, whereas when the dominant weapon is cheap and simple, the common people have a chance. Thus, for example, tanks, battleships and bombing planes are inherently tyrannical wepons, while rifles, muskets, long-bows and hand-grenades are inherently democratic weapons. A complex weapon makes the strong stronger, while a simple weapon --so long as there is no answer to it-- gives claws to the weak." --George Orwell [Eric Blair] (1903-1950), "You and the Atom Bomb," essay for the_Tribune,_October 19, 1945 <> "Still, if you will not fight for the right when you can easily win without bloodshed; if you will not fight when your victory will be sure and not too costly; you may come to the moment when you have to fight with all the odds against you and only a precarious chance of survival. There may even be a worse case. You may have to fight when there is no hope of victory, because it is better to perish than live as slaves." --Sir Winston Leonard Spencer Churchill (1874-1965),_The Gathering Storm,_bk.I ch.19 p.348 (Houghton Mifflin, 1948) "Now as to matters of opinion-- You and I have strongly different evaluations as to the best way in which to handle the problem of deadly weapons in a society. We do not seem to disagree in any important fashion as to the legitimate ways in which deadly weapons may be used, but we disagree strongly as to socially useful regulations concerning deadly weapons. I will first cite two points which sharply illustrate the disagreement. I have one of my characters say that the right ot bear arms is the basis of all human freedom. I strongly believe that, but you required me to blue-pencil it. The second point concerns licensing guns. I had such licensing in the story, but I had one character strongly object to it as a piece of buttinsky bureaucracy, subversive of liberty --and I had no one defending it. You required me to remove the protest, then build up the licensing into a complicated ritual, invoving codes, oaths, etc. --a complete reversal of evaluation. I have made great effort to remove my viewpoint from the book and to incorporate yours, convincingly --but in so doing I have been writing from reasons of economic necessity something that I do not believe. I do not like having to do that. Let me say that your viewpoint and evaluation in this matter is quite orthodox; you will find many to agree with you. But there is another and older orthodoxy imbedded in the history of this country and to which I hold. I have no intention nor any expectation of changing your mind, but I do want to make you aware that there is another viewpoint that is held by a great many respectable people, and that it is quite old. It is summed up in the statement that I am opposed to all attempts to license or restrict the arming of individuals, such as the Sullivan Act of the State of New York. I consider such laws a violation of civil liberty, subversive of democratic political institutions, and self-defeating in their purpose. You will find that the American Rifle Association has the same policy and has had [it] for many years. France had Sullivan-type laws. When the Nazis came, the invaders had only to consult the registration lists at the local gendarmerie in order to round up all the weapons in a district. Whether the authorities be invaders or merely local tyrants, the effect of such laws is to place the individual at the mercy of the state, unable to resist. In the story_Red Planet_it would be all too easy for the type of licensing you insist on to make the revolution of the colonists not simply unsuccessful, but impossible. As to the law being self-defeating, the avowed purpose of such laws as the Sullivan Act is to keep weapons out of the hands of potential criminals. You are surely aware that the Sullivan Act and similar acts have never accomplished anything of the sort? That gangsterism ruled New york while this act was already in force? That "Murder, Inc." flourished under this act? Criminals are never materially handicapped by such rules; the only effect is to disarm the peaceful citizen and put him fully at the mercy of the lawless. Such rules look very pretty on paper; in practice they are as foolish and footless as the attempt of the mice to bell the cat. Such is my thesis, that the licensing of weapons is subversive of liberty and self-defeating in its pious purpose. I could elaborate the arguments suggested above at great length, but my intention is not to convince, but merely to show that there is another viewpoint. I am aware, too, that even if I did by some chance convince you, there remains the unanswerable argument that you have to sell to librarians and schoolteachers who believe the contrary. I am not inexperienced with guns. I have coached rifle and pistol teams and conducted the firing of millions of rounds from pistols to turret guns. I am aware of the dangers of guns, but I do not agree that those dangers can be eliminated nor even ameliorated by coercive legislation --and I think my experience entitles me to my opinion at least as much as schooltechers and librarians are entitled to theirs." --Robert A. Heinlein (1907-1988), letter to editor Alice Dalgliesh of Scribner's regarding her rejection of Heinlein's novel_Red Planet,_ April 19, 1949 <> "Certainly one of the chief guarantees of freedom under any government, no matter how popular and respected, is the right of the citizens to keep and bear arms. This is not to say that firearms should not be carefully used and that definite safety rules of precaution should not be taught and enforced. But the right of the citizens to bear arms is just one guarantee against arbitrary government and one more safeguard against a tyranny which now appears remote in America, but which historically has proved to be always possible." --Senator Hubert H. Humphrey (1911-1978, D-MN), in "Know Your Lawmakers,"_Guns_magazine, February 1960, p.6 "Armed... like a naked savage." --Jane Fonda (1937- ), as Barbarella, in the motion picture _Barbarella,_ 1968 "I know what you're thinkin'... did he fire six shots, or only five? Well, I'll tell you the truth, in all this excitement, I kinda' lost track myself... but seeing as this is a .44 magnum, the most powerful handgun in the world, and would blow your head_clean_off, you've got to ask yourself one question: 'Do I feel lucky?' Well, do 'ya... punk?" --Clint Eastwood (1930- ), as "Dirty Harry" Callahan, in the motion picture _Dirty Harry,_ 1971 "No matter how one approaches the figures, one is forced to the rather startling conclusion that the use of firearms in crime was very much less when there were no controls of any sort and when anyone, convicted criminal or lunatic, could buy any type of firearm without restriction. Half a century of strict controls on pistols has ended, perversely, with a far greater use of this weapon in crime than ever before." --Colin Greenwood, _Firearms Control,_ (Routledge and Keegan, London, 1972,) p. 243 "I'm convinced that we have to have federal legislation to build on. We're going to have to take one step at a time, and the first step is necessarily --given the political realities --going to be very modest. Of course, it's true that politicians will then go home and say, 'This is a great law. The problem is solved.' And it's also true that such statements will tend to defuse the gun- control issue for a time. So then we'll have to strengthen that law, and then again to strengthen the next law, and maybe again and again. Right now, though, we'd be satisfied not with half a loaf but with a slice. Our ultimate goal --total control of handguns in the United States --is going to take time. My estimate is from seven to ten years. The first problem is to slow down the increasing number of handguns sold in this country. The second problem is to get handguns registered. And the final problem is to make the possession of _all_ handguns and _all_ handgun ammunition --except for the military, policement, licensed security guards, licensed sporting clubs, and licensed gun collectors --totally illegal." --Nelson "Pete" Shields (????-1993), Chairman of Handgun Control Inc., in "A Reporter At Large: Handguns", _The New Yorker_, July 26, 1976, pp.57-58 "The tank, the B-52, the fighter-bomber, the state controlled police and the military are the weapons of dictatorship. The rifle is the weapon of democracy. Not for nothing was the revolver called an 'equalizer.' _Egalite_ implies _liberte._ And always will. Let us hope our weapons are never needed --but do not forget what the common people knew when they demanded the Bill of Rights: An armed citizenry is the first defense, the best defense, and the final defense against tyranny. If guns are outlawed, only the government will have guns. Only the police, the secret police, the military, the hired servants of our rulers. Only the government --and a few outlaws. I intend to be among the outlaws." --Edward Abbey (1927-1989), _Abbey's Road,_ p.39_(Plume, 1979) <> "If I were to select a jack-booted group of fascists who are perhaps as large a danger to American society as I could pick today, I would pick BATF." --U.S. Representative John Dingell, in an NRA produced film, "It Can't Happen Here,"1980 <> "... a government and its agents are under no general duty to provide public services, such as police protection, to any particular individual citizen..." -- Warren v. District of Columbia, 444 A.2d 1 (D.C. App.181) "Above all, we must realize that no arsenal or no weapon in the arsenals of the world is so formidable as the will and moral courage of free men and women. It is a weapon our adversaries in today's world do not have." --Ronald Reagan (1911- ), First Inaugural Address, January 20, 1981 "The Second Amendment right to keep and bear arms therefore, is a right of the individual citizen to privately possess and carry in a peaceful manner firearms and similar arms. Such an 'individual rights' interpretation is in full accord with the history of the right to keep and bear arms, as previously discussed. It is moreover in accord with contemporaneous statements and formulations of the right by such founders of this nation as Thomas Jefferson and Samuel Adams, and accurately reflects the majority of the proposals which led up to the Bill of Rights itself. A number of state constitutions, adopted prior to or contemporaneously with the federal Constitution and Bill of rights, similarly provided for a right of the people to keep an bear arms. If in fact this language creates a right protecting the states only, there might be a reason for it to be inserted in the federal Constitution but no reason for it to be inserted in state constitutions. State bills of rights necessarily protect only against action by the state, and by definition a state cannot infringe its own rights; to attempt to protect a right belonging to a state by inserting it in a limitation of the state's own powers would create an absurdity. The fact that the contemporaries of the framers did insert these words into several state constitutions would indicate clearly that they viewed the right as belonging to the individual citizen, thereby making it a right which could be infringed either by state or federal government and which must be protected from infringement by both. * * * The conclusion is thus inescapable that the history, concept, and wording of the second amendment to the Constitution of the United States, as well as its interpretation by every major commentator and court in the first half-century after its ratification, indicates that what is protected is an individual right of a private citizen to own and carry firearms in a peaceful manner." --conclusion, Subcommittee on the Constitution of the Senate Judiciary Committee, Senator Orrin Hatch (R-UT), chairman, in the Report of the Subcommittee On The Constitution of the Committee On The Judiciary, United States Senate, 97th Congress, second session (February, 1982), SuDoc# Y4.J 89/2: Ar 5/5 "There is a constitutional right not to be murdered by a state officer, for the state violates the Fourteenth Amendment when its officer, acting under color of state law, deprives a person of life without due process of law. But there is no constitutional right to be protected by the state against being murdered by criminals or madmen. It is monstrous if the state fails to protect its residents against such predators but it does not violate the Fourteenth Amendment or, we suppose, any other provision of the Constitution. The Constitution is a charter of negative liberties; it tells the state to let people alone; it does not require the federal government or the state to provide services, even so elementary a service as maintaining law and order. Discrimination in providing protection against private violence could of course violate the equal protection clause of the Fourteenth Amendment. But that is not alleged here." --Bowers v. DeVito, Federal Reporter, second series v.686 p.618 (7th Circuit, 1982) "Let us be aware that while they [the Soviet government] preach the supremacy of the State, declare its omnipotence over the individual man, and predict its eventual domination of all peoples on the Earth, they are the focus of evil in the modern world." --Ronald Reagan (1911- ), the "Evil Empire" speech, May 8, 1983 "In recent years it has been suggested that the Second Amendment protects the "collective" right of states to maintain militias, while it does not protect the right of "the people" to keep and bear arms. If anyone entertained this notion in the period during which the Constitution and the Bill of Rights were debated and ratified, it remains one of the most closely guarded secrets of the eighteenth century, for no known writing surviving from the period between 1787 and 1791 states such a thesis." --Stephen P. Halbrook, _That Every Man Be Armed: The Evolution of a Constitutional Right,_University of New Mexico Press [reprinted by the Independent Institute] (1984), p.83 "The [American Civil Liberties] Union agrees with the Supreme Court's longstanding interpretation of the Second Amendment that the individual's right to keep and bear arms applies only to the preservation or efficiency of a 'well-regulated militia'. Except for lawful police and military purposes, the possession of weapons by individuals is not constitutionally protected." --ACLU policy statement #47 (1986) "Handguns are a public-health problem." --Josh Sugarmann, spokesman for the National Coalition to Ban Handguns, in a debate on the Morton Downey, Jr. show, 1988 "Let... others call me a hypocrite because I fired a gun in a moment of personal peril. I shall still be for strict gun control. But as long as authorities leave this society awash in drugs and guns, I will protect my family." --Carl T. Rowan, Jr. (1925- ), political columnist and anti-gun hypocrite, in_Conservative Digest,_August, 1988 "To make inexpensive guns impossible to get is to say that you're putting a money test on getting a gun. It's racism in its worst form." --Roy Innis, president of the Congress of Racial Equality (CORE), in the_Washington Post,_September 5, 1988 "[Assault weapons'] menacing looks, coupled with the public's confusion over fully-automatic machine guns versus semi- automatic assault weapons --anything that looks like a machine gun is assumed to be a machine gun-- can only increase the chance of public support for restrictions on these weapons." --Josh Sugarmann, executive director of New Right Watch and spokesman for the National Coalition to Ban Handguns, "Assault Weapons and Accessories in America," policy report of New Right Watch and the Education Fund to End Handgun Violence, September 1988 "A lot of children know absolutely nothing about guns other than what they see on T.V., and those are the wrong things." --Marion Hammer, spokeswoman for the National Rifle Association, in the_New York Times,_October 10, 1988 "Our neighbors in Virginia are just as responsible for these killings as the criminals are because they won't pass strong gun [control] legislation." --Marion Barry, mayor of Washington, D.C., on ABC-TV's_This Week With David Brinkley,_March 19, 1989 "We don't need more assault rifles on our streets right now." --William J. Bennett (1938- ), director of the Office of National Drug Control Policy (a.k.a. "drug czar"), on NBC-TV's_Meet The Press,_ March 19, 1989 "I don't like the idea that the police department seems bent on kepping a pool of unarmed victims available for the predations of the criminal class." --David Mohler, orthopedic surgeon, on being denied a permit to carry a handgun by the New York City police, _Manahattan, Inc._ magazine, April, 1989 "One would, of course, like to believe that the state, whether at the local or national level, presents no threat to important political values, including liberty. But our propensity to believe that this is the case may be little more than a sign of how truly different we are from our radical forebears. I do not want to argue that the state is necessarily tyrannical; I am not an anarchist. But it seems foolhardy to assume that the armed state will necessarily be benevolent." --Sanford Levinson, "The Embarrassing Second Amendment," _Yale Law Journal,_ vol. 99, p. 656 (1989) "I'm completely opposed to selling automatic rifles. I don't see any reason why they ever made semiautomatics. I've been a member of the NRA [National Rifle Association]; I collect, make, and shoot guns. I've never used an automatic or a semiautomatic for hunting. There's no need to. They have no place in anybody's arsenal. If any S.O.B. can't hit a deer with one shot, then he ought to quit shooting." --Senator Barry Goldwater (1909- ), in the_Washington Post,_ January 1, 1990 "The National Rifle Association are the gun nuts of the world." --Cecil Andrus, governor of Idaho, in the_New York Times,_ April 2, 1990 "The gun lobby finds waiting periods inconvenient. You have only to ask my husband how inconvenient he finds his wheelchair from time to time." --Sarah Brady, _National Public Radio,_ June 6, 1990 <> "It is not a loss of freedom. It's a measure to protect it." --James Brady, on gun control, congressional testimony, March 21, 1991 "If I were writing the Bill of Rights now there wouldn't be any such thing as the Second Amendment... This has been the subject of one of the greatest pieces of fraud, I repeat the word "fraud," on the American public by special interest groups that I have ever seen in my lifetime. Now just look at those words. There are only three lines to that amendment. A well regulated militia --if the militia, which was going to be the state army, was going to be well regulated, why shouldn't 16 and 17 and 18 or any other age persons be regulated in the use of arms the way an automobile is regulated? It's got to be registered... you can't just deal with it at will. Someone asked me recently if I was for or against a bill that was pending in Congress calling for five days' waiting period. And I said, yes, I'm very much against it, it should be thirty days' waiting period so they find out why this person needs a handgun or a machine gun... [T]hey [the NRA] have misled the American people and they, I regret to say, they have had far too much influence on the Congress of the United States than as a citizen I would like to see --and I am a gun man. I have guns. I've been a hunter ever since I was a boy." --Warren Burger (1907-1994), former U.S. Supreme Court Chief Justice, PBS-TV's_McNeil/Lehrer NewsHour,_December 16, 1991 "Much of the contemporary crime that concerns Americans is in poor black neighborhoods and a case can be made that greater firearms restrictions might alleviate this tragedy. But another, perhaps stronger case can be made that a society with a dismal record of protecting a people has a dubious claim on the right to disarm them. Perhaps a re-examination of this history can lead us to a modern realization of what the framers of the Second Amendment understood: that it is unwise to place the means of protection totally in the hands of the state, and that self-defense is also a civil right." --Robert J. Cottroll and Raymond T. Diamond, "The Second Amendment: Towards an Afro-Americanist Reconsideration," _Georgetown Law Journal,_ vol. 80, p. 361 (1991) "There is no reason for anyone in the country, for anyone except a police officer or a military person, to buy, to own, to have, to use, a handgun. The only way to control handguns use in this country is to prohibit the guns. And the only way to do that is to change the Constitution." --Michael Gartner, _USA Today,_January 16, 1992 <> "Americans have the will to resist because you have weapons. If you don't have a gun, freedom of speech has no power." --Yoshimi Ishikawa, Japanese author, in the _Los Angeles Times,_ October 15, 1992 <> "Probably the most obvious political ramification of the right to defensive arms is the deterrent effect of the power to disarm dissenters in a violence-ridden society. Until the early nineteenth century England was an enormously violent country overrun with cutthroats, cutpurses, burglars, and highwaymen, and in which rioting over social and political matters was endemic. Moreover, until 1829 it had no police. So when the seventeenth century Stuart Kings began selectively disarming their enemies the effect was not simply to safeguard the throne, but to severely penalize dissent. Those who had opposed the King were left helpless against either felons or rioters --who, by the very fact, were encouraged to attack them. The_in terrorem_effect upon dissent of knowing that to speak might render one's family defenseless while targeting them for ever felon, and every enemy who might want to whip up riotous public sentiment against them, is obvious." --Don B. Kates, Jr, "The Second Amendment and the Ideology of Self-Protection," _Constitutional Commentary,_ vol. 9, p.98 (1992) "They love to be seen kicking down crack house doors in their brightly colored ATF jackets. They don't want to be seen as pencil-pushing bureaucrats." --Josh Sugarmann, executive director of the Violence Policy Center, a "gun control" lobbying group in Washington, D.C., in the New Orleans _Times-Picayune,_ March 6, 1993 <> "You can't get around the image of people shooting at people to protect their stores and it working. This is damaging to the [gun control] movement." --Josh Sugarmann, executive director of the Violence Policy Center, a "gun control" lobbying group in Washington, D.C., in _The Washington Post,_ May 18, 1993 <> "[T]he Clinton administration launched an attack on people in Texas because those people were religious nuts with guns. Hell, this country was _founded_ by religious nuts with guns. Who does Bill Clinton think stepped ashore on Plymouth Rock? Peace Corps volunteers? Or maybe the people in Texas were attacked because of child abuse. But, if child abuse was the issue, why didn't Janet Reno tear-gas Woody Allen? You know, if government were a product, selling it would be illegal. Government is a health hazard. Governments have killed many more people than cigarettes or unbuckled seat belts ever have." --P.J. O'Rourke, "The Liberty Manifesto," speech at the Cato Institute, May 6, 1993, quoted in _The American Spectator,_ July 1993 "You know why there's a Second Amendment? In case the government fails to follow the first one." --Rush Limbaugh (1941- ), radio talk-show host, August 17th, 1993 <> "When Congress recessed in November, it left two gun-control items unresolved: the Feinstein ban on semiautomatic assault weapons, and a ban on hollow-point 'cop killer' bullets." --Minneapolis Star-Tribune, December 9, 1993 <> "If you have 20 guns or 1,000 rounds, you have to be licensed. And isn't that appropriate? Who needs 20 guns? Who needs 1,000 rounds of ammunition? We would limit handgun purchases to one per month. And I might say, I sort of question, well, how many guns do you have to keep buying? Do you have to go buy one, two and three and four? Isn't one enough?" --(Former!) U.S. Senator Howard Metzenbaum (1917- ), at the press conference introducing "Brady II," February 28, 1994 "The Brady law is not a cure for the bloody scourge of gun violence. It's a good beginning, it's a good first step, but it's not enough. And we are going to move forward. The Brady Bill was the first step. We are not taking in one proposal many, many more steps." --U.S. Representative Charles Schumer, at the press conference introducing "Brady II," February 28, 1994 <> "If everyone being armed would equal safety, then yes we would be safe, because everyone is armed three and four times over. And that's not what we need. And the --if people would here just one thing from this is --don't keep a gun in your home. It's 47 times more likely to be taken by a burglar and used upon your person or your husband who comes in late and says, "Honey, I missed my train" --bang-- and you've lost your significant other. I mean, the saying that people keep guns in their homes for protection-- that's just not true. It doesn't work that way. And burglars-- I don't know whether they have radar or what --they know where to go exactly where to find that gun. They'll get to it before you will." --James Brady, of Handgun Control, Inc., at the press conference introducing "Brady II," February 28, 1994 <> "You know, we're having trouble in the House. It's neck and neck on an assault weapons ban, which is a ban of the most obnoxious kinds of weapons that nobody uses." --U.S. Representative Charles Schumer, at the press conference introducing "Brady II," February 28, 1994 <> "Now, let me just say, you know, that everyone's making a fuss. 'Oh, the Brady bill is having more people line up to buy guns.' First, the same thing happened after the '68 act, which was the last pro-gun measure that passed the Congress. Secondly, these people would have bought guns anyway. It's just it would have been stretched out over a period of time. So three or four months from now, this will be a blip in the screen of -- in the -- well, it'll just be a blip up, but it'll be made up for by fewer people buying them later." --U.S. Representative Charles Schumer, at the press conference introducing "Brady II," February 28, 1994 <> "When we got organized as a country and we wrote a fairly radical Constitution with a radical Bill of Rights, giving a radical amount of individual freedom to Americans... And so a lot of people say there's too much personal freedom. When personal freedom's being abused, you have to move to limit it. That's what we did in the announcement I made last weekend on the public housing projects, about how we're going to have weapon sweeps and more things like that to try to make people safer in their communities." --President Bill Clinton, MTV's "Enough is Enough", April 19, 1994 <> "We have a long way to go before we see a truly effective gun-control law in this country (the U.S.A.). But more and more, the lawmakers are understanding that the American people want change. The only people who still don't get it are the people over at the Evil Empire... the gun lobby." --Jim Brady, of Handgun Control, Inc., in _The Ottawa Citizen,_ April 23, 1994 <> "In the minds of members of Congress, it (the NRA) is still a force to be reckoned with. Members have this misguided notion that the NRA can defeat them." --Jeff Muchnick, legislative director of the Coalition to Stop Gun Violence, in the Orlando _Sentinel Tribune,_ May 9, 1994 <> "It's [the Brady Act] taking manpower and crime-fighting capability off the streets." --Dennis Martin, president of the National Association of Chiefs of Police, in the _Washington Times,_ May 18, 1994 "I just believed that what I was doing was right. I told the NRA (National Rifle Association) I would make it my life's ambition to see you all don't exist anymore and I will do this until I put them out of business. That keeps me going when I have to deal with rude people." --Jim Brady, of Handgun Control Inc., in the _Hartford Courant,_ May 21, 1994 <> "Well, it's a little ambiguous. It sounds in the first part as if it's, like, a right to join the militia, have a militia. And it sounds, in the second part, like an individual right to bear arms. ...I've always viewed it as a militia amendment, but there is an argument about that. I have to admit, it's not entirely clear... I don't know what-- today, I don't know how you would solve the question of what arms you're entitled to bear. Now that the Feds have nuclear weapons and stealth bombers, I don't know what it is you have to keep in the garage to fight them off." --Robert Bork, on CNN's_Larry King Live,_July 21, 1994 "The (National Rifle Association) can be beaten because they cannot buy the votes of the electorate. And poll after poll shows the public is on our side." --Sarah Brady, of Handgun Control Inc., in the _Kansas City Star,_ September 15, 1994 <> "We are not for disarming people. When you have an epidemic it's a public health issue, a safety issue." --Sarah Brady, of Handgun Control Inc., in the Austin _American- Statesman,_ October 14, 1994 "There is, to be sure, in the Second Amendment, an express reference to the security of a_'free_State.' It is not a reference to_the_security of THE STATE. There are doubtless certain national constitutions that put a privileged emphasis on the security of 'the state,' but such as they are, they are all_unlike_ our Constitution and the provisions they have respecting their security do not appear in a similarly phrased Bill of Rights. Accordingly such constitutions make no reference to any right of the people to keep and bear arms, apart from state service. And why do they not do so? Because, in contrast with the premises of constitutional government in this country, they reflect the belief that recognition of any such right 'in the people' might well pose a threat to the security of 'the state.'" --William Van Alstyne, "The Second Amendment And The Personal Right To Arms," _Duke Law Journal,_ vol. 43, p.1244 (1994) <> "I don't want to destroy the good atmosphere in the room or in the country tonight, but I have to mention one issue that divided this body greatly last year. The last Congress also passed the Brady bill and, in the crime bill, the ban on 19 assault weapons. I don't think it's a secret to anybody in this room that several members of the last Congress who voted for that aren't here tonight because they voted for it. And I know, therefore, that some of you who are here because they voted for it are under enormous pressure to repeal it. I just have to tell you how I feel about it. The members of Congress who voted for that bill and I would never do anything to infringe on the right to keep and bear arms, to hunt and to engage in other appropriate sporting activities. I've done it since I was a boy, and I'm going to keep right on doing it until I can't do it anymore. But a lot of people laid down their seats in Congress so that police officers and kids wouldn't have to lay down their lives under a hail of assault weapon attack, and I will not let that be repealed. I will not let it be repealed." --President Bill Clinton, State Of The Union address, January 24, 1995 "The fights I fought... cost a lot --the fight for the assault- weapons ban cost 20 members their seats in Congress. The NRA is the reason the Republicans control the House." --President Bill Clinton, Cleveland Plain-Dealer, January 14, 1995 "If I could have gotten 51 votes in the Senate of the United States for an_out_right_ban, picking up every one of them... 'Mr. and Mrs. America, turn 'em all in,' I would have done it. I_could_not do that. The votes weren't here." --U.S. Senator Dianne Feinstein, CBS-TV's "60 Minutes," February 5, 1995 <> "The consequences of the behavior of the BATF in these kinds of cases is that they are not trusted. They are detested, and I have described them properly as jackbooted American fascists. They have shown no concern over the rights of ordinary citizens or their property. They intrude without the slightest regard or concern." --U.S. Rep. John Dingell, Congressional Record, page H1382, February 8th, 1995 <> "Clancy deposes on the Second Amendment. To the framers "militia" means the average Joe [a]nd all his friends and neighbors, acting together to preserve their Union. The Founding Fathers ha[d] a strong distrust of standing armies, hence the invalidation of those gun-haters who think the National Guard fulfills this function. The purpose of the Second Amendment is clearly to enable the average citizen to protect himself individually, and the national collectively, from tyranny. Moreover, the phrase "right of the citizen" is a phrase used rarely in the Constitution. It both proclaims the right to do something, and recognizes that that right pre-dates the Constitution itself. That's simple grammar, requiring no constitutional lawyer to explain it. If one can argue that the 2nd Amendment has no meaning in contemporary society, one can similarly argue that the 1st Amendment can be similarly ignored, since the phraseology is largely the same. The short version is, don't mess with the Constitution." --Tom Clancy, writing on alt.books.tom-clancy, 29 May 1995 09:59:09 -0400 <> "Look at what's happening in America's inner-cities. If our hopeless legal system continues going the same liberal direction, there will be anarchy before long. We need one person in an influential position to stand up and tell the truth about gun control lobbies, the death penalty and that our criminal justice system basically stinks." --Sylvester Stallone, interview in _Cinefantastique_ magazine, June 1995, p.7 <> "These are dangerous times. When we are afraid, we want to be protected, and since we cannot protect ourselves against such horrors as mass murder by bombers, we are tempted to run to the government, a government that is always willing to trade the promise of protection for our freedom, which left, as always, the question: How much freedom are we willing to relinquish for such a bald promise? Already the President was calling for more power, more power for the FBI. He wanted a thousand more men. And he wanted to use the army, no less, in situations like Oklahoma City. And he wanted more power to tap our phones and to invade our privacy. He wanted express authority from Congress to infiltrate the fringe groups and, in short, to snoop and to peer and to spy on the citizenry, especially those who hold different beliefs from those that flow in the phlegmatic and murky mainstream of America. But the question remains, will we really be safer with a thousand more, or even a hundred thousand more FBI agents armed with even greater power to more easily tap our phone that are already so easily tapped and to break into our homes that are no longer safe under the much-mangled exclusionary rule?" --Gerry Spence, _From Freedom To Slavery,_ from the new introduction, (St. Martin's Paperbacks, 1995), p. xxiv "Sitting behind the President of the United States for the first time as he spoke to the nation, I was well aware that I represented the institution of the House and had an obligation to represent the solemnity of the occasion on behalf of all my colleagues. But there was one moment when I almost forgot my resolve: When President Clinton explained that he was a duck hunter and described the weaponry that sport requires. In the midst of that serious occasion, I wondered, Does he think the Second Amendment protects the right to hunt ducks? Honestly, I was astonished that his staff had allowed that comment into a serious national address like the State of the Union. With that single line the President proved to everyone who cares about the Second Amendment that he did not have a clue about what concerns them. The Second Amendment to the Constitution has nothing to do with duck or deer hunting. It has nothing to do with target practice or owning collector's weapons. The Second Amendment is a political right written into our Constitution for the purpose of protecting individual citizens from their government. The lesson of the English Civil War and the American Revolution was that political freedom is ultimately based upon the courage and preparedness of those who would remain free. If the Lexington and Concord minutemen had not kept weapons, they could not have fired the shot heard 'round the world. If the American colonists had not been trained in how to shoot and fight, they could not have become American citizens." --Newt Gingrich (1943- ), Speaker of the U.S. House of Representatives,_To Renew America,_(HarperCollins, 1995), pp.201-202 <> "If a bullet can rip through a bulletproof vest like a knife through hot butter, then it ought to be history. We should ban it." --President Bill Clinton, speech in Chicago, IL, June 30, 1995 <> "You can join whatever organization you want, that is a First Amendment right. And you can own guns, that is a Second Amendment right." --American Civil Liberties Union president Nadine Strossen, Comedy Central's _Politically Incorrect with Bill Maher,_ October 16, 1995 -end- APPENDIX - Quotations Without Citations (or Verifications) "Though defensive violence will always be 'a sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." --St. Augustine (354-430) "Instances of the licentious and outrageous behavior of the military conservators still multiply upon us, some of which are of such nature, and have been carried to so great lengths, as must serve fully to evince that a late vote of this town, calling upon its inhabitants to provide themselves with arms for their defence, was a measure as it was legal natural right which the people have reserved to themselves, confirmed by the Bill of Rights [the post-Cromwellian English bill of rights], to keep arms for their own defence; and as Mr. Blackstone observes, it is to be made use of when the sanctions of society and law are found insufficient to restrain the violence of oppression." --"A Journal of the Times" (1768-1769), colonial Boston newspaper article "Good intentions will always be pleaded for every assumption of authority. It is hardly too strong to say that the Constitution was made to guard the people against the dangers of good intentions. There are men in all ages who mean to govern well, but they mean to govern. They promise to be good masters, but they mean to be masters." --Daniel Webster? (1782-1852) "Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves." --William Pitt (Earl of Chatham), speech in the House of Lords, November 18, 1783 "The whole of the Bill [of Rights] is a declaration of the right of the people at large or considered as individuals... It establishes some rights of the individual as unalienable and which consequently, no majority has a right to deprive them of." --Albert Gallatin (1761-1849) of the New York Historical Society, October 7, 1789 "The difficulty here has been to persuade the citizens to keep arms, not to prevent them from being employed for violent purposes." --Dwight,"Travels in New-England" "The strongest reason for people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." --Thomas Jefferson (1743-1826) <> "Every citizen [should] be a soldier. This was the case with the Greeks and the Romans, and must be that of every free state." --Thomas Jefferson (1743-1826), paraphrased? "The constitutions of most of our states [and of the United States] assert that all power is inherent in the people; that they may exercise it by themselves; that it is their right and duty to be at all times armed and that they are entitled to freedom of person, freedom of religion, freedom of property, and freedom of press." --Thomas Jefferson (1743-1826) <> "Government is not reason, it is not eloquence --it is force! Like fire it is a dangerous servant and a fearful master; never for a moment should it be left to irresponsible action." --George Washington (1732-1799), 1797? <> "I find that Ammendments are once again on the Carpet. I hope that such may take place as will be for the Best interest of the whole A Bill of rights well secured that we the people may know how far we may Proceade in Every Department then their will be no Dispute Between the people and rulers in that may be secured the right to keep arms for Common and Extraordinary Occations such as to secure ourselves against the wild Beast and also to amuse us by fowling and for our Defence against a Common Enemy you know to learn the Use of arms is all that can Save us from a forighn foe that may attempt to subdue us for if we keep up the Use of arms and become well acquainted with them we Shall allway be able to look them in the face that arise up against us." --Samuel Nasson, excerpt of a letter written to George Thatcher, July 9, 1789? "Let therefore every man, that, appealing to his own heart, feels the least spark of virtue or freedom there, think that it is an honor which he owes himself, and a duty which he owes his country, to bear arms." --Thomas Pownall (1772-1805)? "Congress may give us a select militia which will, in fact, be a standing army --or Congress, afraid of a general militia, may say there shall be no militia at all. When a select militia is formed; the people in general may be disarmed." --John Smilie (1741-1812), in the Pennsylvania Convention on the ratification of the Constitution "Shooting at a fixed target is only a step towards shootingat a moving one, like a man." --Lord Baden-Powell, _Scouting for Boys_ (1908) "Make yourselves good scouts and good rifle shots in order to protect the women and children of your country if it should ever become necessary." --Lord Baden-Powell, _Scouting for Boys_ (1908) "Certainly I shall use the police --and most ruthlessly-- whenever the German people are hurt; but I refuse the notion that the police are protective troops for Jewish stores. The police protect whoever comes into Germany legitimately, but not Jewish usurers." --Hermann Goering, c. Kristallnacht, 1935 "Germans who wish to use firearms should join the SS or the SA-- ordinary citizens don't need guns, as their having guns doesn't serve the State." --Heinrich Himmler (1900-1945) "All military type firearms are to be handed in immediately... The SS, SA and Stahlhelm give every respectable German man the opportunity of campaigning with them. Therefore anyone who does not belong to one of the above named organizations and who unjustifiably nevertheless keeps his weapon ...must be regarded as an enemy of the national government." --SA Oberfuhrer of Bad Tolz, March, 1933 "...the rifle? Wouldn't go out naked of a rifle. When shoes and clothes and food, when even hope is gone, we'll have the rifle." --John Steinbeck (1902-1968),_The Grapes of Wrath_ "The Second Amendment reveals a profound principle of American government --the principle of civilian ascendency over the military." -- William O. Douglas (1898-1980), U.S. Supreme Court Justice "I don't care about crime, I just want to get the guns." --(Former!) Sen. Howard Metzenbaum <> "The July 17 cover story is the most recent in a growing number of attempts on the part of TIME editors to keep the gun availability issue resolutely in view. Such an editorial closing of ranks represents the exception rather than the rule in the history of the magazine[...] But the time for opinions on the dangers of gun availability is long since gone[...] As we see it-- and as we indicated in the report--our responsibility now is to confront indifference about the escalating violence and the unwillingness to do something about it. --editorial response to letters about the "Death by Gun" cover story which appeared in the July 17, 1989 issue of Time <> "They'll have to shoot me first to take my gun." --Roy Rogers, cowboy actor and singer, 1982, in_Cowboy Wisdom,_ by Terry Hall (Warner Books, 1995) "Banning gun shows to reduce violent crime will work about as well as banning auto shows to reduce drunken driving." --Bill McIntire, Spokesman for the National Rifle Association, on Norfolk, Va. council's vote to cancel four gun shows, 1992 <> "There are going to be situations where people are going to go without assistance. That's just the facts of life." --Los Angeles Chief of Police, Darryl Gates, 1993 "And we should --then every community in the country could then start doing major weapon sweeps and then destroying the weapons, not selling them." --President Bill Clinton "We can't be so fixated on our desire to preserve the rights of ordinary Americans to own firearms..." --President Bill Clinton, press conference in Piscataway, NJ, March 1, 1993 "The price of liberty is, always has been, and always will be blood: The person who is not willing to die for his liberty has already lost it to the first scoundrel who is willing to risk dying to violate that person's liberty! Are you free?" --Andrew Ford, Usenet <> "Without either the first or second amendment, we would have no liberty; the first allows us to find out what's happening, the second allows us to do something about it! The second will be taken away first, followed by the first and then the rest of our freedoms." --Andrew Ford, Usenet <> -END OF QUOTES (rev. 10/20/95)-