The founders intended the Constitution to apply to Americans, aliens, citizens, non-citizens, lawful combatants, enemy combatants, innocents, the guilty, those who wish us well, and those who wish us ill.
The Constitution applies to persons, not just citizens.
If you read the Constitution, its protections are not limited to Americans.
And that was written intentionally, because at the time it was written, they didn’t know what Native Americans would be.
When the post civil war amendments were added, they didn’t know how blacks would be considered, because they had a decision of the Supreme Court called Dred Scott, that said blacks are not persons.
So in order to make sure the Constitution protected every human being:
American, alien;
citizen, non-citizen;
lawful combatant, enemy combatant;
innocent, guilty;
those who wish us well, those who wish us ill…
…they use the broadest possible language,
to make it clear:
Wherever the government goes,
the Constitution goes,
and wherever the Constitution goes,
the protections that it guarantees restrain the government
and requires it to protect those rights.
— Judge Andrew Napolitano
If you analyze it I believe the very heart and soul of conservatism is libertarianism.
I think conservatism is really a misnomer just as liberalism is a misnomer for the liberals — if we were back in the days of the Revolution, so-called conservatives today would be the Liberals and the liberals would be the Tories.
The basis of conservatism is a desire for less government interference or less centralized authority or more individual freedom and this is a pretty general description also of what libertarianism is. – Ronald Reagan, “Inside Ronald Reagan”, Reason magazine, July 1975
Whereas civil rulers, not having their duty to the people duly before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the article in their right to keep and bear their private arms.
— Tench Coxe, “Remarks on the First Part of the Amendments to the Federal Constitution,” under the pseudonym “A Pennsylvanian” in the Philadelphia Federal Gazette, June 18, 1789.
Of all the enemies to public liberty war is, perhaps, the most to be dreaded, because it comprises and develops the germ of every other. War is the parent of armies; from these proceed debts and taxes; and armies, and debts, and taxes are the known instruments for bringing the many under the domination of the few.
In war, too, the discretionary power of the Executive is extended; its influence in dealing out offices, honors, and emoluments is multiplied; and all the means of seducing the minds, are added to those of subduing the force, of the people.
The same malignant aspect in republicanism may be traced in the inequality of fortunes, and the opportunities of fraud, growing out of a state of war, and in the degeneracy of manners and of morals engendered by both.
No nation could preserve its freedom in the midst of continual warfare.
I favor the policy of economy, not because I wish to save money, but because I wish to save people.
The men and women of this country who toil are the ones who bear the cost of the Government. Every dollar that we carelessly waste means that their life will be so much the more meager.
Every dollar that we prudently save means that their life will be so much the more abundant. Economy is idealism in its most practical form. — Calvin Coolidge, 1924 Inaugural Address
People sometimes inquire what form of government is most suitable for an artist to live under. To this question there is only one answer. The form of government that is most suitable to the artist is no government at all.
Many politicians of our time are in the habit of laying it down as a self-evident proposition, that no people ought to be free till they are fit to use their freedom.
The maxim is worthy of the fool in the old story, who resolved not to go into the water till he had learnt to swim. If men are to wait for liberty till they become wise and good in slavery, they may indeed wait for ever.
That principle is, that the sole end for which mankind are warranted, individually or collectively in interfering with the liberty of action of any of their number, is self-protection. That the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant.
He cannot rightfully be compelled to do or forbear because it will be better for him to do so, because it will make him happier, because, in the opinions of others, to do so would be wise, or even right. These are good reasons for remonstrating with him, or reasoning with him, or persuading him, or entreating him, but not for compelling him, or visiting him with any evil, in case he do otherwise.
Common Sense, the book advocating secession from the British empire and credited with starting the Revolution, was the top-selling book of the 18th century, globally.
Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one.
Government, like dress, is the badge of lost innocence; the palaces of kings are built upon the ruins of the bowers of paradise. — Thomas Paine, Common Sense
John DeWitt was the pseudonym used by a Founder in the writing of several key Anti-Federalist Papers, in defense of individual liberty. The name was chosen in homage to a famous Dutch patriot.
It is asserted by the most respectable writers upon Government, that a well regulated militia, composed of the yeomanry of the country have ever been considered as the bulwark of a free people; and, says the celebrated Mr. Hume;
“without it, it is folly to think any free government will have stability or security. When the sword is introduced, as in our constitution (speaking of the British) the person entrusted will always neglect to discipline the militia, in order to have a pretext for keeping up a standing army; and it is evident this is a mortal distemper in the British parliament, of which it must finally inevitably perish.”
The whole principle is wrong. It’s like demanding that grown men live on skim milk because the baby can’t have steak. — Robert Heinlein, The Man Who Sold the Moon (1949), on censorship
I heartily accept the motto, ‘That government is best which governs least’; and I should like to see it acted up to more rapidly and systematically. Carried out, it finally amounts to this, which also I believe–‘That government is best which governs not at all’; and when men are prepared for it, that will be the kind of government which they will have. —Henry David Thoreau, Civil Disobedience (1849)
Thought that is silenced is always rebellious. Majorities, of course, are often mistaken. This is why the silencing of minorities is necessarily dangerous. Criticism and dissent are the indispensable antidote to major delusions.
Taxation of earnings from labor is on a par with forced labor. Seizing the results of someone’s labor is equivalent to seizing hours from him and directing him to carry on various activities. – Robert Nozick, Anarchy, State, and Utopia
That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
In recent years it has been suggested that the Second Amendment protects the “collective” right of states to maintain militias, while it does not protect the right of “the people” to keep and bear arms…The phrase “the people” meant the same thing in the Second Amendment as it did in the First, Fourth, Ninth and Tenth Amendments — that is, each and every free person.
A select militia defined as only the privileged class entitled to keep and bear arms was considered an anathema to a free society, in the same way that Americans denounced select spokesmen approved by the government as the only class entitled to the freedom of the press.
If anyone entertained this notion in the period during which the Constitution and Bill of Rights were debated and ratified, it remains one of the most closely guarded secrets of the 18th century, for no known writing surviving from the period between 1787 and 1791 states such a thesis.
– Stephen P. Holbrook, That Every Man Be Armed: The Evolution of a Constitutional Right
Because the first two amendments of the Bill of Rights were not ratified, the right to keep and bear arms was actually number four in the original document
The government that seems the most unwise,
Oft goodness to the people best supplies;
That which is meddling, touching everything,
Will work but ill, and disappointment bring. – Tao Te Ching
Sometimes it is said that man can not be trusted with the government of himself. Can he, then, be trusted with the government of others? Or have we found angels in the forms of kings to govern him?
Till the mischief be grown general, and the ill designs of the rulers become visible, or their attempts sensible to the greater part, the people, who are more disposed to suffer than right themselves by resistance, are not apt to stir.
The examples of particular injustice, or oppression of here and there an unfortunate man, moves them not. But if they universally have a persuation, grounded upon manifest evidence,that designs are carrying on against their liberties, and the general course and tendency of things cannot but give them strong suspicions of the evil intention of their governors, who is to be blamed for it?
“My country, right or wrong,” is a thing that no patriot would think of saying except in a desperate case. It is like saying, “My mother, drunk or sober”.
Whoever will be free must make himself free. Freedom is no fairy gift to fall into a man’s lap. What is freedom? To have the will to be responsible for one’s self.
The State always moves slowly and grudgingly towards any purpose that accrues to society’s advantage, but moves rapidly and with alacrity towards one that accrues to its own advantage; nor does it ever move towards social purposes on its own initiative, but only under heavy pressure, while its motion towards anti-social purposes is self-sprung.