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Still, freedom’s fragility is evident in the political bias that leaps forth from where it should not.
The Second Amendment clearly outlines the (individual’s) right to keep and bear arms — and the need of a state militia to guard against (federal) oppression. — “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”
The Sixth Amendment gives all accused in criminal prosecutions rights, the Fifth Amendment notwithstanding. “In all criminal prosecutions, the accused shall … be informed of the nature and cause of the accusation; … be confronted with the witnesses against him; to have compulsory process for obtaining witnesses … and have the assistance of counsel for his defense.”
Moreover, “Arbitrary imprisonments has been … the … most formidable instrument of tyranny.” — The Federalist, Number 84.
No one — sheriff nor president — can incarcerate without due process. The habeas writ is the sentry that protects us.
Justice Antonin Scalia: Giving non-combatants due process “will almost certainly cause more Americans to be killed. … The nation will live to regret what the court has done today.”
His bitter, politicized dissent exposes rationalizing dictatorial didactics and showcases his narrow vision of the Constitution as a “dead document.”
Justice Steven Breyer: The decision (right to bear arms) “threatens to throw into doubt the constitutionality of gun laws” and creates “formidable and potentially dangerous” task for the courts. So?
“It is emphatically the province and duty of the court to say what the law is.” — Madison vs. Marbury, 1803.
We cannot legislate conduct. Behavior stems from upbringing and culture, ignorance and genetics notwithstanding.
Restricting individual rights — because people are lazy and irresponsible — generates a greater need for self-protection, not less. To relinquish rights to a legislative process is a cop-out step toward tyranny.
Freedom is responsibility. Free society must accept responsibility for its status quo — or perish.
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