Tuesday, September 8, 2015

2015-09-07 Ferguson and the 2nd Amendment - the right to resist the State

2015-09-07 Ferguson and the 2nd Amendment - the right to resist the State
Events in Ferguson and ‪#‎BlackLivesMatter‬ bring the 2nd Amendment into focus...
A Constitutional Right to Resistance
According to NYU law professor Burt Neuborne, the several rights protected by the First Amendment together reflect a theory of democratic participation. Rights to belief, speech, assembly, the press, and access to government redress protect a set of escalating opportunities to engage in the political process.
Before reaching the Fourth Amendment's protections against government searches and seizures, most contemporary observers overlook the Third Amendment's freedom from housing and feeding soldiers. But only through the lens of the Third Amendment does the Second Amendment's purpose appear clear.
Rights to bear arms reach beyond hunting, recreation, or the pursuit of happiness. In the context of rights to political participation (the First Amendment), and freedom from unwarranted government scrutiny (the Fourth Amendment), and the historically real burden of housing & feeding government soldiers (the Third Amendment), the Second Amendment guarantees nothing less than a right to resistance against the state.
Today, a surprising coalition is emerging in Ferguson to breathe new life into the Second Amendment, uniting Oathkeepers and Black Lives Matter activists.

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