In debating the 2nd with anti’s, I have run across the argument more than once that when we have quoted the Federalist paper No. 46, it is out of context. I propose to show that when we are using the Federalist Paper No. 46 it is in fact proof of an individual reading of the 2nd. First a little background.
The Federalist papers were written as a rebuttal to the arguments put forth by the anti-federalist over the adoption of the proposed constitution. The Anti-Federalists argued against the adoption of the constitution for several reasons. One of those reasons was, that the newly created federal government would or could use the powers granted to it to destroy either the states or the militia. They showed where the newly created government could destroy the militia either by over action (marching them from one state to another until they quit) or by no action (not providing for their training, thereby allowing them to become useless). Once the militia was destroyed, the argument went, then the Federal government could do as they pleased by force, using the standing army as the tool of that force.
In the Federalist Paper No. 46 Madison argued that this could never be. That the people would out number any possible standing army that could be raised. The problem and where the anti’s argument resides, is in the fact that Madison states “still it would not be going too far to say, that the State governments, with the people on their side, would be able to repel the danger.” This wording and most of the wording here, tends to lend credence that what Madison is discussing is that the States would be able to repel the danger. If taken in this context the Anti’s would have a valid point.
But wait a minute… What Madison is discussing here is a hypothetical situation to show another point. This other point is what the anti-federalist’s have not addressed, which is that the people, not the federal government OR the state governments are the real source of power in our country. In the introduction to Federalist No. 46 Madison states “The adversaries of the Constitution seem to have lost sight of the people altogether in their reasonings on this subject; and to have viewed these different establishments, not only as mutual rivals and enemies, but as uncontrolled by any common superior in their efforts to usurp the authorities of each other. These gentlemen must here be reminded of their error. They must be told that the ultimate authority, wherever the derivative may be found, resides in the people alone, and that it will not depend merely on the comparative ambition or address of the different governments, whether either, or which of them, will be able to enlarge its sphere of jurisdiction at the expense of the other. Truth, no less than decency, requires that the event in every case should be supposed to depend on the sentiments and sanction of their common constituents. Many considerations, besides those suggested on a former occasion, seem to place it beyond doubt that the first and most natural attachment of the people will be to the governments of their respective States.”
Thus it is the people who have the ultimate power in this country, not either the federal or state governments. Although Madison believed that the people would always prefer their state governments over the federal one, he quite clearly states that it is the people from which all power resides. The hypothetical example that Madison uses “of the states with the people on their side” to prove his point, could also be made the other way. That the federal government with the people on it’s side could overpower the states.
In either case it is the people, the individual with arms in their hands, which provides the third source of power in this country. It is also this power which by design is the ultimate power. The second thus put the disarmament of the people out of the hands of both the federal and state governments. Otherwise one or the other could disarm the people and deprive them of the ultimate power to rule themselves. If this became the case, then either the federal or the state governments could control the country and destroy the balance of power which exists.
I hope that this will give others a few ideas when debating this subject.
------------------
Richard
The debate is not about guns,
but rather who has the ultimate power to rule,
the People or Government.
RKBA!
The Federalist papers were written as a rebuttal to the arguments put forth by the anti-federalist over the adoption of the proposed constitution. The Anti-Federalists argued against the adoption of the constitution for several reasons. One of those reasons was, that the newly created federal government would or could use the powers granted to it to destroy either the states or the militia. They showed where the newly created government could destroy the militia either by over action (marching them from one state to another until they quit) or by no action (not providing for their training, thereby allowing them to become useless). Once the militia was destroyed, the argument went, then the Federal government could do as they pleased by force, using the standing army as the tool of that force.
In the Federalist Paper No. 46 Madison argued that this could never be. That the people would out number any possible standing army that could be raised. The problem and where the anti’s argument resides, is in the fact that Madison states “still it would not be going too far to say, that the State governments, with the people on their side, would be able to repel the danger.” This wording and most of the wording here, tends to lend credence that what Madison is discussing is that the States would be able to repel the danger. If taken in this context the Anti’s would have a valid point.
But wait a minute… What Madison is discussing here is a hypothetical situation to show another point. This other point is what the anti-federalist’s have not addressed, which is that the people, not the federal government OR the state governments are the real source of power in our country. In the introduction to Federalist No. 46 Madison states “The adversaries of the Constitution seem to have lost sight of the people altogether in their reasonings on this subject; and to have viewed these different establishments, not only as mutual rivals and enemies, but as uncontrolled by any common superior in their efforts to usurp the authorities of each other. These gentlemen must here be reminded of their error. They must be told that the ultimate authority, wherever the derivative may be found, resides in the people alone, and that it will not depend merely on the comparative ambition or address of the different governments, whether either, or which of them, will be able to enlarge its sphere of jurisdiction at the expense of the other. Truth, no less than decency, requires that the event in every case should be supposed to depend on the sentiments and sanction of their common constituents. Many considerations, besides those suggested on a former occasion, seem to place it beyond doubt that the first and most natural attachment of the people will be to the governments of their respective States.”
Thus it is the people who have the ultimate power in this country, not either the federal or state governments. Although Madison believed that the people would always prefer their state governments over the federal one, he quite clearly states that it is the people from which all power resides. The hypothetical example that Madison uses “of the states with the people on their side” to prove his point, could also be made the other way. That the federal government with the people on it’s side could overpower the states.
In either case it is the people, the individual with arms in their hands, which provides the third source of power in this country. It is also this power which by design is the ultimate power. The second thus put the disarmament of the people out of the hands of both the federal and state governments. Otherwise one or the other could disarm the people and deprive them of the ultimate power to rule themselves. If this became the case, then either the federal or the state governments could control the country and destroy the balance of power which exists.
I hope that this will give others a few ideas when debating this subject.
------------------
Richard
The debate is not about guns,
but rather who has the ultimate power to rule,
the People or Government.
RKBA!