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Murphy’s Future



History, always messy, has a wrong and a right side, and sometimes the right side is the revolutionary one; such was the case during the American Revolution.

When U.S. Senator Chris Murphy says that the National Rifle Association (NRA), and others who support the Second Amendment to the Bill of Rights, is “on the wrong side of history,” he shows a lack of understanding concerning what history is, what being on the wrong side of it is, and possibly what “is” is. If the NRA is on the right side of the Second Amendment, it is on the right side of history, as were American revolutionists who fashioned it in response to a British attempt to deprive colonists of their weapons. The most prominent lawyer of the day, Judge St. George Tucker, appointed by President James Madison as U.S. District Judge for Virginia, characterized the right of citizens to bear arms as “the palladium of liberty, the right of defense upon which all the other imprescriptible rights in the Bill of Rights depend. Such was the historic understanding of the Second Amendment throughout American history – before the advent of Murphy.

What most people who are not Murphy mean by history is a faithful record of the past. All history is past history. Both the U.S. Constitution and those who had a hand in constructing it are part of history. But Murphy's “history,” is an imagined record of the future, not a faithful record of the past and, as such, the past may easily be dispensed with in our reckoning. Most recently, former Justice of the Supreme Court John Paul Stevens, tying his courage to the hitching post, declared that the U.S. Congress should repeal the Second Amendment, a useless artifact of an earlier age. The far left Stevens has yet to provide the New York Times with a list of other ancient imprescriptible rights listed in the Bill of Rights that a modern age should also deposit on the ash heap of history.  

Murphy’s real quarrel is with what former Justice Antonin Scalia called the originalist interpretation of constitutional rights.

There are those who argue that an originalist view of any and all constitutions, not to mention history itself, is a morally blighted view. Because the U.S. Constitution should be regarded as a “living document,” constitutional interpretation, they argue, must change with the times. But this has little to do with history and a great deal to do with using courts as a sort of cattle prod to more quickly move the rest of us, most especially resistant legislators, in a progressive direction. Once the court, by vetoing the dictates of representative government, effects a progressive change, those moved by the progressive afflatus, will be “on the right side of history,” because judicial interpretation will have changed history, progressives hope, for the better. There is a snake in the grass here: Any non-democratic constitutional change brought about by progressive courts over the helpless objections of representative bodies may always be reversed by conservative courts. And that is why court appointments have become in our time brutally politicized.

History is backward looking. But Murphy’s “history” occurs in the future and is brought about by an act of will on the part of well-intended progressives, such as himself.  The progressive view of real history was expertly expressed by Henry Ford: “History is bunk.” It put forth bitter fruit in Karl Marx’s “Eleven Theses on Feurbach: “The philosophers have only interpreted the world, in various ways. The point, however, is to change it,” lines that serve as the epitaph on Marx’s tomb in London’s High Gate Cemetery.

Real progressive history occurs in the collective will of the moment, not in the past. Therefore, one need not consult the past when fashioning a brave new future. The Constitution, for example, belongs to a remote past that should have no claim on us. G. K. Chesterton used to say approvingly that tradition is the “democracy of the dead,” an extension of the democratic franchise to those who have shaped our freedoms and liberties, at great expense to themselves. Chesterton’s view of the obligations WE owe to both our forefathers and our children yet unborn is good common sense. Murphy’s view of the obligations that tie us to our past – to real history – is neither common nor good. It is far worse than nonsense.

It is, to quote Ford, bunk.

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