The Short Constitution Part 11

I. Suppose the opinion of the meeting should be divided, what should be the procedure?

J. Plan a method to make the people talk more about government.

K. What are the dangers of a lack of interest in the affairs of government?

L. How will a congressman represent the wishes of the people if he receives no pet.i.tions?

M. Write a paper on the following:

The Story of the Pilgrims

Roger Williams and the Providence Colony

Lord Baltimore

Thomas Jefferson and Religious Liberty

Censors.h.i.+p of the Press and Freedom of Speech

What to do with an Anarchist Meeting

Socialist Papers

The Importance of the Right of Pet.i.tion

Keeping In Touch with our Representatives

Some Pet.i.tions I have Seen

Things for Which We Should Pet.i.tion the Legislature

X. MILITARY PROVISIONS

Rights Of Citizens To Bear Arms-Restrictions On Quartering Soldiers In Homes

Again we find the framers of the Const.i.tution looking back into the past at abuses imposed upon the people by kingly power. They inserted in the Const.i.tution the following provision:

"_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._"(58)

They were making a government of free States. They did not wish to see the National government become the master of the States nor the master of the people. They believed that the government should be the servant and not the master. They wanted to have the power in the hands of the people of the States to protect their rights if they ever should be invaded by force; and therefore they furnished to the people of all the States the guaranty that the States should have the right to have militia, that is, soldiers organized to maintain order and to defend the State, if necessary, against abuse of power; and they guaranteed to the people the right to bear arms lawfully.

If you read the history of the old world you will find many instances of soldiers entering the homes of the people to search for fire arms or other weapons, taking them away, possibly punis.h.i.+ng those who had them. The people are guarded by our Const.i.tution against any such conduct on the part of soldiers or representatives of the National government. Of course this right, like the right of free speech, may be abused and when abused punishment may be imposed. For instance, it is dangerous to the good order of a community that persons should carry concealed weapons and therefore in every State there is some law concerning this. If a man should walk down the street here with a loaded revolver in his pocket he could be arrested and imprisoned, or fined, but in this State a man could walk down the street with a shot gun in his hands or any other weapon where it is exposed so people could see it. A law against carrying concealed weapons imposes no burden upon any law-abiding citizen. There are regulations, of course, permitting certain persons to carry weapons concealed, police officers, a sheriff, and other peace officers; and there is a law under which any person of good moral character may make application for authority to carry concealed weapons which will be granted under certain restrictions. Some States require a bond to be filed guaranteeing good conduct. Persons who have to carry large sums of money, express messengers upon the trains, post office employees who carry registered mail, and other persons may be granted the privilege of carrying concealed weapons.

The laws regarding carrying concealed weapons differ from State to State, the punishment in some being a term in the penitentiary.

But in all this we find only regulation and careful provision to help maintain order and peace; and with it all we find the absolute right given by the Const.i.tution to the people to maintain their State militia and to keep and bear arms within reasonable regulations which may be provided by the different States.

Then we find a strict guaranty of the Const.i.tution against an abuse which was common in the old world. You know before America came into being the strength of a government was the power of a government. The people were ruled by force; they were kept in constant fear. When this Nation was organized it was the hope of the founders that we could have laws so just that people would have love for their country and respect for its laws, so that we would not have to inspire fear in the hearts of the people in order to make them obey. Laws should be obeyed not because of fear, but because of respect, because of a sense of duty. Laws should be obeyed because we know that laws are necessary to protect our own liberties. We know that without law, liberty is impossible.

So that when the Const.i.tution was framed, reflecting upon the abuses of the old world, the makers of the Const.i.tution inserted this guaranty:

"_No Soldier shall, in time of peace, be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law._"(59)

In the olden days the military power was supreme. The soldier was part of the military power. The ordinary citizen was compelled to submit to many of the wishes of the soldiers in times of peace as well as in times of war. In reading the history of the world you will find that soldiers exercised the right to enter the homes of the people and demand food and shelter. Of course the people, being in fear of the military power, would not think of refusing anything demanded; but the people of America, under our Const.i.tution, are supreme. The soldier is subject to the people, not the people subject to the soldier. While we must respect those who are the defenders of our country, we must also respect our own rights and privileges. And every soldier, general or private, must also respect our rights and privileges. No soldier can enter any home, no matter how humble, without the consent of the owner, except in times of war. Even in times of war he cannot enter except under circ.u.mstances and conditions prescribed by law. The law being made by the people, they will be protected against abuse. Of course in times of war every one should be glad to give freely of what he has for the soldiers of his country, but in times of peace in this country the soldier, under our Const.i.tution, understands that the home is sacred and that he has no right there unless the owner invites him to enter.

I wonder if the people realize what these guaranties mean to them. I wonder if they understand how earnestly and how carefully those who framed the Const.i.tution endeavored to protect the sacred rights of every man, woman, and child in this country.

ELEMENTARY QUESTIONS

1. Why did the Germans refuse to allow the Belgians to keep and bear arms?

2. Why is this right important to us?

3. Ask some soldier who fought in France to tell you about how soldiers quartered in the village. Would you like to see this in America? Why not?

4. What rights has a soldier in time of peace to demand admittance to a house, or to demand food?

5. In time of war under what conditions may a soldier be quartered in any house?

6. Where is the whole power of government in America? Where is it in a kingdom or monarchy?

7. Do you know the name of your congressman?

8. When should a person be allowed to carry weapons?

ADVANCED QUESTIONS

A. What is the importance of the right of keeping and bearing arms?

B. What is the status of the National Guard in your locality? What are its duties? What is its purpose?

C. What is the fundamental objection to the quartering of soldiers on a population in time of peace?

D. Write a paper on the following:

The Right to Bear Arms

The Evils of Quartering of Soldiers

The Purpose of the National Guard

How the Soldiers Were Quartered in France