By Randy E. Barnett is the Austin B. Fletcher Professor at Boston University and the author of The Structure of Liberty: Justice and the Rule of Law.
September 18, 2001 11:30 a.m.
“Well-regulated militia being essential to the security of a free state…” The next time someone tells you that the militia referred to in the Second Amendment has been “superceded” by the National Guard, ask them who it was that prevented United Airlines Flight 93 from reaching its target. The National Guard? The regular Army? The D.C. Police Department? None of these had a presence on Flight 93 because, in a free society, professional law-enforcement and military personnel cannot be everywhere. Terrorists and criminals are well aware of this – indeed, they count on it. Who is everywhere? The people the Founders referred to as the “general militia.” Cell-phone calls from the plane have now revealed that it was members of the general militia, not organized law enforcement, who successfully prevented Flight 93 from reaching its intended target at the cost of their own lives.