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The Constitution of Pamville and 2nd Amendment Rights

March 10, 2013

During my two year learning odyssey in the Foundations of Liberty course, Dr. Brooks gave us an assignment to create a constitution from scratch, at any level of government.  After the initial groan of having “homework” where I had to actually think, I started writing, and it became quite fun.  I named my town Pamville (yes, a bit self-serving, but when else would I get the opportunity?)  It was short, basic, and all I needed to build a society that, I felt, would have the maximum amount of liberty and the minimum amount of government oversight needed to protect that liberty.

I’d forgotten about the Constitution of Pamville until I recently saw a new item on TV where a town was requiring all of it’s citizens to be trained in the safe use of weapons and armed.  As you see below in my Constitution, one of the very first items is the requirement that all citizens over 16 be trained in the use of firearms for personal defense and survival, as well as for the common defense of the town.

Constitution of the Town of Pamville September 11, 2011

We the people do form this Town of Pamville, in order to preserve and protect the blessings of natural liberties for ourselves and our families.

I. Location of the Town of Pamville
a. The Town of Pamville is land boundryied by XXX coordinates in the most beautiful country created by God.
II. Citizenship requirements for the Town of Pamville:
a. All persons born within the town borders of Pamville under the age of 16
b. All persons residing in the town for at least one year who are 16 or older
i. Duties of Citizens:
1. All citizens over the age of 16 will possess at least one operational firearm, to be used for personal defense and survival, as well a for the common defense of the Town.
2. All able bodied citizens over the age of 16 will make themselves available, at the request of the Chief Town Constable to serve in the community militia
3. To create‘Neighborhoods’ consisting of ten families whose properties border each other. Neighborhoods duties are:
a. Each neighborhood will elect among their citizens, every two years, a Deputy constable who will serve without payment, and who will assist the Chief Constable in educating the citizens on safety and protection issues, and to assist in coordinating the militia activities as needed.
b. Assist to Safeguard the lives, health and property of their neighbors, especially those unable to provide adequately for themselves by contributing either monetary or physical assistance
III. Town Governance
a. Town Supervisor will be a citizen of Pamville, elected by the citizens of the Town every four years, and will serve without payment. Duties of the Town Supervisor are:
i. Oversee the town revenue and expenditures and be the responsible chief fiscal officer of the town. Collection of all revenue and payment of all expenses of the Town of Pamville
ii. On an annual basis, no later than December 1, the Town Supervisor will collect the total revenue for all planned common infrastructure, as approved and presented by the town board, by dividing the total equally among all of the citizens residing in Pamville,
iii. Approve all laws created by the Town Board
iv. Approve the election of the Town Constable
v. Record and keep safe all public records required by town laws
b. Town Board will consist of five elected citizens from the Town of Pamville, who will serve for terms of two years, and will serve without payment. Duties of the Town Board are:
i. Write, deliberate on and vote to initiate all laws of Pamville, based on input from the citizens, and voted on and passed by a majority of the board.
1. Any law passed by the Town Board may be subject to a vote of the citizens if requested by petition of 10% of the citizens
ii. Plan and supervise the creation and maintenance of common infrastructure within the town, including roads, bridges, parks, sewers, water, lighting, or buildings to house government offices or public safety structures or other as may be deemed necessary
1. Any common infrastructure planned or created by the Town Board may be subject to a vote of the citizens if requested by petition of 10% of the citizens
iii. On an annual basis, no later than November 1, the town board must present all plans for any approved common infrastructure, with cost estimates, and present a summary of all actuals expenditures for the prior year for the same, approved and voted on by a majority of the town board.
c. Town Chief Constable will be a citizen of the Town of Pamville, elected every four years from the body of deputy constables, and will serve without payment. Duties of the Chief Constable are:
i. Be the chief safety officer for the Town as well as the chief justice.
ii. Ensure that the laws of the Town of Pamville are enforced,
iii. Oversee plans for natural or manmade disasters to ensure the physical protection of all citizens of Pamville.
iv. Oversee the education of all citizens 16 years or older in the use of firearms, with the assistance of Deputy Constables of each neighborhood.

The Town of Pamville will hold an election for all offices named herein no later than one month from the signing of this Constitution. Three town board members will start with a one year term, and three with a three year term, and then all for two year terms there after.

As in Pamville, one of our most basic rights in the Constitution is enshrined in the second amendment.  According to David Barton of Wallbuilders, as well as in many many documents written by the founders at the time the Constitituion was written the “Second Amendment was to protect what was frequently called “the first law of nature” – the right of self-protection.  This right of self-protection was, in fact, considered an inalienable right – a right guaranteed to every citizen individually.”  Also, the ability to hunt to feed oneself, or self-preservation fell under this law of nature.    Barton goes on to say that “Clearly, legal commentaries and commentators across the centuries agreed:  there was an inherent, natural right of self-defense and self-preservation of which the ‘right to keep and bear arms’ as intrinsic, belonging to every individual.  In fact, the Senate Judiciary Committee has even noted:

The proposal (for the wording of the Second Amendment) finally passed the House in its present form:  ‘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.’  In this form it was submitted into the Senate, which passed it the following day.  The Senate in the process indicated its intent that the right be an individual one, for private purposes, by rejecting an amendment which would have limited the keeping  and bearing of arms to bearing ‘for the common defense’….The conclusion is thus inescapable that the history, concept, and working of the Second Amendment to the Constitution of the United States, as well as its interpretation by every major commentator and court in the first half-century after its ratification, indicates that what is protected is an individual right of a private citizen to own and carry firearms in a peaceful manner.

In explaining why there can be no basis for arbitrarily abrogating the inalienable rights secured by the Second Amendment, Supreme Court Justice Joseph Story explained that:

There can be no freedom where there is no safety to property or personal rights.  Whenever legislation..breaks in upon personal liberty or compels a surrender of personal privileges, upon any pretext, plausible or otherwise, it matters little whether it be the act of the many or the few, of the solitary despot or the assembled multitude; it is still in its essence tyranny.  It matters still less what are the causes of the change; rather urged on by a spirit of innovation, or popular delusion, or State necessity (as it is falsely called), it is still power, irresponsible power, against right.”

Whether you live in Pamville or the United States of America, the right to bear arms is one that comes from a Supreme Power and that cannot be denied if there is to be any liberty.

2 Comments leave one →
  1. Joan permalink
    March 21, 2013 3:02 pm

    Nice job Pam. I would want to be a citizen in your town. When can I join?

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