Judge Andrew Napolitano: The right to bear arms

You have often heard me argue that the premise of the Bill of Rights -- the first 10 amendments to the Constitution -- is that our rights come from our humanity. Hence the First Amendment, for example, does not command that Congress grant the freedom of speech; rather it commands that Congress shall not infringe upon the freedom of speech.

So you're right to think as you wish, to say what you think, to publish what you say; your right to worship or not to worship; your right to associate with others or not to associate with others are all natural rights with which the government may not interfere, unless by your own behavior you have given those rights up.

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The same is the case with respect to the right to self-defense. What is more natural than protecting your own body from harm? You can protect yourself and your loved ones and your property or even a stranger, and to do so, you can use the same means that someone who is threatening you may be using.

The Second Amendment protects the natural right to keep and bear arms; the same type of arms that crooks and thugs might use against you; and the same type of arms that government agents might use against you. We all know that the police can't be everywhere. We also know that the first thing tyrants do when they come to power is to disarm the population. Sometimes tyrants are jackbooted thugs. Sometimes tyrants are the majority in an elected government.

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But to the framers of the Constitution, an armed population is the best defense against tyranny. And to those who understand the right to self-defense and the history of its use in America, we know that more guns means less crime.

Adapted from Judge Andrew Napolitano’s monologue on Fox Nation’s “Liberty File.”

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