Insurrectionist theory (that the Founders intended through the Second
Amendment, etc., for citizens to hold the right to violently overthrow
an oppressive or tyrannical government), is the direct cause of Domestic
Terror attacks such as McVeigh's
Oklahoma City Bombing, Andrew Joseph Stack III flying his airplane into
the IRS building in Austin, TX, and Richard Poplawski, who gunned down
three police officers in 2009 out of fear that 'Obama was going to take
away his guns.'
Jefferson, the most notable and oft-cited
insurrectionist theorist, put forth his claim to Madison in a letter
(1786) re: Shay's Rebellion, that "a little revolution every now and
then is a good thing," not knowing Madison had already sent him a letter
on the subject, calling the rebellion "treason." Jefferson did not
raise this subject with Madison again, nor was Jefferson in ANY WAY
involved in the drafting, proposing, or ratifying the Second Amendment.
Very few Founders were insurrectionists in the sense that they supported
the people taking matters into their own hands with force of arms,
rather to depend on properly structured governmental power.
The
Constitution clearly gives Government the power to prosecute Treason
and suppress Rebellion/Insurrection (18 USC CHAPTER 115 - TREASON,
SEDITION, AND SUBVERSIVE ACTIVITIES), making insurrectionist theory
outside the mainstream and an ideology in support of Treason.
Therefore, those who hold and support insurrectionist theory are, in the
words of Madison, 'internal enemies' constituting a threat to 'the
Tranquility of the Union,' and need not necessarily act on their beliefs
to be seen as supportive of levying war against the legitimate
Government of the United States, which is Treason, which is punishable
by death. No due process required.
(read: Carl Bogus UC Davis Law Review 1998).
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