Dred Scott
The Second Amendment and Racism
Actor Danny Glover recently stepped outside of his role as an actor and assumed the roles of historian and constitutional scholar:
Glover should stick to his day job. The main concern of the Founding Fathers in regard to the Second Amendment was to provide the citizenry the ability to resist a tyrannical government. As James Madison noted in Federalist 46:
Prior to the Civil War there were laws passed in many of the slave holding states attempting to restrict the right to keep and bear arms to whites. Challenges to these laws by free blacks almost always asserted the second amendment. A passage in the Dred Scott decision indicates what a preoccupation blacks carrying weapons was to slaveholders:
It would give to persons of the negro race, who were recognized as citizens in any one State of the Union, the right to enter every other State whenever they pleased, singly or in companies, without pass or passport, and without obstruction, to sojourn there as long as they pleased, to go where they pleased at every hour of the day or night without molestation, unless they committed some violation of law for which a white man would be punished; and it would give them the full liberty of speech in public and in private upon all subjects upon which its own citizens might speak; to hold public meetings upon political affairs, and to keep and carry arms wherever they went. And all of this would be done in the face of the subject race of the same color, both free and slaves, inevitably producing discontent and insubordination among them, and endangering the peace and safety of the State.
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Were the Founders Hypocrites?
In the 19th century it became fashionable among pro-slavery advocates to deride the idea that the Declaration of Independence’s ringing assertion that “All men are created equal” applied to blacks.
In the Dred Scott decision the majority of the Supreme Court stated that it was a simple historical fact that blacks were not included:
The general words above quoted would seem to embrace the whole human family, and if they were used in a similar instrument at this day would be so understood. But it is too clear for dispute that the enslaved African race were not intended to be included, and formed no part of the people who framed and adopted this declaration, for if the language, as understood in that day, would embrace them, the conduct of the distinguished men who framed the Declaration of Independence would have been utterly and flagrantly inconsistent with the principles they asserted, and instead of the sympathy of mankind to which they so confidently appealed, they would have deserved and received universal rebuke and reprobation.
Yet the men who framed this declaration were great men — high in literary acquirements, high in their sense of honor, and incapable of asserting principles inconsistent with those on which they were acting. They perfectly understood the meaning of the language they used, and how it would be understood by others, and they knew that it would not in any part of the civilized world be supposed to embrace the negro race, which, by common consent, had been excluded from civilized Governments and the family of nations, and doomed to slavery. They spoke and acted according to the then established doctrines and principles, and in the ordinary language of the day, and no one misunderstood them. The unhappy black race were separated from the white by indelible marks, and laws long before established, and were never thought of or spoken of except as property, and when the claims of the owner or the profit of the trader were supposed to need protection.
Interestingly enough, John C. Calhoun, statesman and chief political theorist in defense of slavery, disagreed with this line of pro-slavery argument. While lamenting the inclusion of the “All men are created equal” phrase in the Declaration, he had no doubt that it was intended to apply to blacks:
Abraham Lincoln rose in defense of the Founders and the Declaration. Lincoln has attained such a folksy image in American folklore that we lose sight of how incisive a mind he possessed. It was on full display in this passage from a speech that he gave on June 26, 1857 on the Dred Scott decision:
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