Cooley agreed, explaining that the Second Amendment “is significant as having been reserved by the people as a possible and necessary resort for the protection of self-government against usurpation, and against any attempt on the part of those who may for the time be in possession of State authority or resources to set aside the constitution and substitute their own rule for that of the people.” Thomas Cooley, The Abnegation of Self-Government, 12 PRINCETON REV. 209, 213-14 (1883). The individual use of Second-Amendment-protected arms to check despotism, “far from being revolutionary, would be in strict accord with popular right and duty.” Id.
The Second Amendment is a doomsday provision, one designed for those exceptionally rare circumstances where all other rights have failed–where the government refuses to stand for reelection and silences those who protest; where courts have lost the courage to oppose, or can find no one to enforce their decrees. However improbable these contingencies may seem today, facing them unprepared is a mistake a free people get to make only once.
Robert A. Levy
Clark M. Neily III
February 24, 2008
RESPONDENT’S BRIEF On Writ Of Certiorari To The United States Court Of Appeals For The District Of Columbia Circuit.
[In part, Boomershoot is about being prepared to exercise this part of the constitution.–Joe]