Often one hears Americans on the news saying that the Second Amendment is necessary to us today because we may need to take up arms against an oppressive government in the 21st century, just as we did in 1775, and that those who anticipate doing so in the near future share the motivations of Americans during the Revolutionary War. Our thoughts on the Amendment can be found here; in this post, we will spell out why our situation in this century is not at all like that on the eve of Revolution in the 18th century, although we have the feeling this should be obvious without our intervention.
—During the Revolution, we fought a foreign government and a foreign occupation.
This is the key item to note. Granted, we overstate a little, so let’s go through it and be clear. The American colonies generally had popularly elected legislatures and royally appointed governors, so laws in the colonies came from two very different sources: representatives of the American people, and representatives of the British crown. Our experience of law was mixed. Legislatures generally made life difficult for governors who betrayed the people’s interests, especially in the realm of taxation, and so the influence of royal governors, who technically reported to no one but the king, was limited. Until, that is, the 1760s, post-French and Indian War, when London began direct rule of its colonies in North America. Parliament passed Acts (Stamp Act, Sugar Act, Tea Act, Coercive Acts) which were to be enforced without any input from legislatures. Indeed, even the governors were bypassed eventually as British soldiers were sent to America to make sure Acts were enforced. Americans who disobeyed Acts were to be sent to London for trial. This is the key moment, in the 1760s, when long-standing doubts about how much the American colonies owed to Britain were crystallized for many into clear convictions that London and Parliament did not consider Americans to be British citizens and did not grant them the rights of citizens, and were thus, through these Acts, imposing a foreign government on the American colonies. By refusing to allow American representatives in Parliament, the British government was confirming this. By sending troops to maintain order, the British government was occupying lands it believed to be hostile possessions; Americans were alien combatants.
It’s very clear that we are not remotely in that position today. Any Americans who oppose the government and/or its actions (taxation, immigration, welfare) are opposing their own government, popularly elected by their fellow Americans and even, perhaps, by they themselves. We don’t need to resort to arms to oppose our government because soldiers from another country are not in our streets and homes enforcing foreign laws. We resort to the voting booth, the referendum, and the ratification process to change or oppose our government. U.S. citizens today have rights that their government enforces and upholds—and if it doesn’t, we work through the courts and the political bodies to make it do so.
—Americans during the Revolution did not fight on their own.
They fought in their locally organized militias, which joined the Continental Army led by George Washington. They fought in the army, not as a vigilante group. Individual citizens submitted themselves and their guns to a government-authorized national army. That’s hardly what people today are picturing when they say they need guns to fight the government if it becomes oppressive. In 1775, Americans were fighting a formal war against a formal army. They weren’t sitting in their homes waiting for someone to challenge them and get blown away.
—Americans during the Revolution were fighting to keep their government alive.
Americans who fought in the Revolution were hoping to see the new government, represented by the Continental Congress in Philadelphia, firmly and officially established as the government of their nation. They were not fighting to get rid of government, as so many Second Amendment fans seem to want to do today. They knew that the nation needed a strong government (though not necessarily fully centralized) to survive, and their aim was to make sure that government was fair once it was established—that’s why the Constitution was ratified by popularly elected officials, and why even common people clamored for a Bill of Rights to be added to it. Americans in the 1770s were fighting for government, not against it. They did not believe that armed individuals were a proper substitute for state and federal government.
So we have three good distinctions to draw between ourselves and our ancestors, and hopefully we can put this ridiculous argument to rest. We no longer have to use guns to maintain our freedoms; we have to use our rights as citizens to vote and participate in government to maintain our freedoms.
But what if our government becomes perverted and undemocratic, people ask? What if our political system fails? Then we’ll have to use force to protect ourselves.
it seems clear that the only way this could happen is if the American people fail in their participatory duty as citizens, so we are back to our original argument, which is that as long as we do our duty, the government we elect can never fail to be what we want it to be. It’s only by withdrawing from participation in our democracy that we lose it, and by looking for reasons to rise up in arms that we threaten ourselves with that dire possibility.