Discussion about this post

User's avatar
Jack Jordan's avatar

There's no need to be against violence per se, nor would being against violence per se make sense. Much of our Constitution speaks to how violence can (and must) be opposed with violence. Americans knew from the outset that we would not have a Constitution or a country if we were not ready, willing and able to fight for them. But our Constitution also expressly speaks to the abuses of power of even the sovereign people, themselves. That is the point of the words "insure domestic Tranquility" in the first paragraph of our Constitution. That also is why Article I speaks of "calling forth the Militia to execute the Laws of the Union" and "suppress Insurrections." That also is why the Fourteenth Amendment speaks of "insurrection or rebellion." That also is why the First Amendment secures "the right of the people" to "assemble" only to the extent that they do so "peaceably."

Too many Americans thought in 1765 and think in 2025 that violence for purposes of abusing others was or is acceptable, but our Constitution (and criminal statutes) make clear it is not. Your reader is right that we should make that point explicitly.

There is, however, another lesson about violence that our purported public servants (e.g., Trump today) should bear in mind. When purported public servants seek to rob or defraud the sovereign people of their power, they should expect violence. They invite violence. So public servants should cherish and preserve constitutional means of correcting the misconduct of public servants. A unanimous SCOTUS made this point in New York Times Co. v. Sullivan (quoting Justice Brandeis even earlier):

"Those who won our independence believed . . . that public discussion is a political duty; and that this should be a fundamental principle of the American government. They recognized the risks to which all human institutions are subject. But they knew that order cannot be secured merely through fear of punishment for its infraction; that it is hazardous to discourage thought, hope and imagination; that fear breeds repression; that repression breeds hate; that hate menaces stable government; that the path of safety lies in the opportunity to discuss freely supposed grievances and proposed remedies; and that the fitting remedy for evil counsels is good ones. Believing in the power of reason as applied through public discussion, they eschewed silence coerced by law—the argument of force in its worst form. Recognizing the occasional tyrannies of governing majorities, they amended the Constitution so that free speech and assembly should be guaranteed."

Expand full comment
Eli Merritt's avatar

In telling 'The Story of the American Revolution,' I won’t be sugarcoating the history I recount. I’ll not be judging it, denouncing it, or advising you on how to process what you read here.

Expand full comment
1 more comment...

No posts