Barton, David

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Liberty University Law ReviewVolume 8 | Issue 3 Article 6October 2014Exodus 22:2 - The Bible and Self-DefenseDavid BartonFollow this and additional works at: http://digitalcommons.liberty.edu/lu_law_reviewThis Article is brought to you for free and open access by the Liberty University School of Law at DigitalCommons@Liberty University. It has beenaccepted for inclusion in Liberty University Law Review by an authorized administrator of DigitalCommons@Liberty University. For moreinformation, please contact scholarlycommunication@liberty.edu.Recommended CitationBarton, David (2014) "Exodus 22:2 - The Bible and Self-Defense," Liberty University Law Review: Vol. 8: Iss. 3, Article 6.Available at: http://digitalcommons.liberty.edu/lu_law_review/vol8/iss3/6ARTICLEEXODUS 22:2 - THE BIBLE AND SELF-DEFENSEDavid Barton'[The following article on the Bible and self-defense is reprinted withpermission from David Barton. Mr. Barton is the founder and president ofWallBuilders, a national organization dedicated to presenting America'sforgotten history and heroes, and to emphasizing our Nation's moral,religious, and constitutional heritage. Mr. Barton's exhaustive research andscholarly writing, along with his library of tens of thousands of originaldocuments from the Founding Era, have been invaluable in advancing avigorous debate concerning the interpretation and application of the SecondAmendment. The Editorial Board deeply appreciates Mr. Barton's graciouscontribution to this Symposium Issue. Eds.]Among the numerous civil laws God gave His people as He wasestablishing them as an independent nation was one concerning their ownhomes. He told them: "If the thief is found breaking in, and he is struck sothat he dies, there shall be no guilt for his bloodshed" (Exodus 22:2). Thisverse authorizes homeowners to defend their dwelling; and if in the processof doing so they kill an intruder, they were not guilty in the eyes of God -there was no guilt for shedding the blood of the intruder.This verse forms the basis of what is now known as the "CastleDoctrine." It was explained by Founding Father James Wilson, a signer ofthe Declaration and the Constitution and an original Justice on the U. S.Supreme Court, who declared:Homicide is enjoined [required] when it is necessary for thedefense of one's person or house.... [E]very man's house isdeemed, by the law, to be his castle; and the law, while it investshim with the power, [places] on him the duty of thecommanding officer [of his house]. "Every man's house is hiscastle ... and if anyone be robbed in it, it shall be esteemed hisown default and negligence."'t @Copyright David Barton 2012, reprinted with permission.1. James Wilson, The Works of the Honourable James Wilson, Bird Wilson, editor(Philadelphia: Lorenzo Press, 1804), Vol. III, pp. 84-85.LIBERTY UNIVERSITY LAW REVIEWIn short, if you were robbed in your home, it was not the police's faultbut your own, for God made you the commander of your "castle" - hence,the "Castle Doctrine."Several other Bible verses affirm what God authorized in Exodus 22. Forexample, Jesus noted in Luke 11:21 that "When a strong man, fully armed,guards his own home, his goods are in peace." And in the book ofNehemiah when lawless brigands were on the loose (4:11), God's peoplewent about armed, and every man "had his sword girded at his side" (4:18).Because self-defense is a Biblical right given to every individual, it istherefore an inalienable, or a God-given, right. Constitution signer JohnDickinson defined an inalienable right as one "which God gave to you andwhich no inferior power has a right to take away."' John Adams agreed,explaining that inalienable rights are ...rights ... antecedent to all earthly government; rights thatcannot be repealed or restrained by human laws; rights derivedfrom the Great Legislator of the Universe.3John Quincy Adams echoed this, avowing that man's inalienable rightsare those "given him by his Creator" which can neither be taken from himby force nor transferred from him to anyone else; "hence the rights derived... are declared to be inalienable."' In short, inalienable rights are God-given rights that belong to each and every individual, period.The Founding Fathers established American government with theprimary purpose of securing to every individual the right to practice his orher inalienable rights. As the Declaration of Independence announced:We hold these truths to be self-evident, that all men are createdequal, that they are endowed by their Creator with certainunalienable rights, that among these are life, liberty and thepursuit of happiness. That to secure these rights, governmentsare instituted among men.2. John Dickinson, Letters from a Farmer in Pennsylvania, R. T. H. Halsey, editor (NewYork The Outlook Company, 1903), p. xlii, letter to the Society of Fort St. David's, 1768.3. John Adams, The Works of John Adams, Charles Francis Adams, editor (Boston:Charles C. Little and James Brown, 1851), Vol. III, p. 449, "Dissertation on the Canon andFeudal Law," 1765.4. John Quincy Adams, An Oration Delivered Before the Cincinnati AstronomicalSociety on the Occasion of Laying the Cornerstone of an Astronomical Observatory on the 10thofNovember, 1843 (Cincinnati: Shepard & Co., 1843), pp. 13-14.[Vol. 8:649650EXODUS 22:2Three straightforward principles of American government are set forthin these words: (1) there is a Creator; (2) He gives certain inalienable rightsto man; and (3) government exists first and foremost to secure to everyindividual the exercise of his or her God-given rights.In addition to the rights of "life, liberty, and the pursuit of happiness"(that is, the right to own private property) listed in the Declaration, the Billof Rights lists other God-given rights such as freedom of religion, freedomof speech, justice in the court system, and many more, including the SecondAmendment "right to keep and bear arms" - i.e., the Biblical right of self-defense. Because this right was given by God, the Founding Fathers urgedtraining for its possible use.For example, signer of the Declaration and framer of the Bill of RightsRichard Henry Lee encouraged:[I]t is essential that the whole body of the people always possessarms, and be taught alike, especially when young, how to usethem. sAmericans were instructed from their earliest years in their exercise ofrights, including that found in the Second Amendment. Thomas Jeffersontherefore advised his young nephew (whom he had raised as a son):A strong body makes the mind strong. As to the species ofexercise, I advise the gun. While this gives a moderate exercise tothe body, it gives boldness, enterprise, and independence to themind. Games played with the ball and others of that nature aretoo violent for the body and stamp no character on the mind. Letyour gun therefore be the constant companion of your walks. 6John Quincy Adams agreed. When sent overseas by President JamesMadison on a diplomatic assignment, he left his son, George WashingtonAdams, to be cared for by his brother. Concerned about the education of hisnine-year old son, he wrote his brother:One of the things which I wish to have them taught (and whichno man can teach them better than you) is the use andmanagement of firearms. This must undoubtedly be done with5. Richard Henry Lee, An Additional Number Of Letters From The Federal Farmer ToThe Republican (New York 1788), p. 170, Letter XVIII, January, 25, 1788.6. Thomas Jefferson, Memoir, Correspondence, and Miscellanies, Thomas JeffersonRandolph, editor (Charlottesville: F. Carr, and Co., 1829), Vol. I, p. 287, to Peter Carr onAugust 19, 1785.2014] 651LIBERTY UNIVERSITY LAW REVIEWgreat caution, but it is customary among us, particularly whenchildren are under the direction of ladies, to withhold it toomuch and too long from boys. The accidents which happenamong children arose more frequently from their ignorance thanfrom their misuse of weapons, which they know to be dangerous.... I beg you occasionally from this time to take George out withyou in your shooting excursions - teach him gradually the use ofthe musket, its construction, and the necessity of prudence inhandling it; let him also learn the use of pistols, and exercise himat firing at a mark.'Adams is correct: accidents with youth and guns occur primarily becauseyouth are unfamiliar with guns and how to handle them safely. Strikingly,guns were numerous in the Founding Era, and every citizen usually ownedseveral, but historical records affirm that gun accidents during that periodwere almost non-existent.The Second Amendment's "right to keep and bear arms" is theconstitutional embodiment of the Biblical right of self-defense found inExodus 22 (and other passages) - another of the many American rightsrooted in Biblical teachings.7. John Quincy Adams, Writings of John Quincy Adams, Worthington Chauncey Ford,editor (New York The Macmillan Company, 1914), Vol. III, p. 497, to Thomas BoylstonAdams on September 8, 1810.[Vol. 8:649652

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Exodus 22:2 - The Bible and Self-Defense

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