Eleanor Finch
The Second Amendment, which protects the right of Americans to keep and bear arms, was not part of the original US Constitution. The Constitution was ratified on June 21, 1788, and the Second Amendment was adopted on December 15, 1791, as part of the Bill of Rights. The Second Amendment has been a topic of debate and legal discussion, with various Supreme Court rulings interpreting its scope and application. While the amendment's original purpose was related to militias and defence against foreign invasion, its interpretation has evolved over time to include general safety and protection of individual rights.
| Characteristics | Values |
|---|---|
| Date of ratification | 15 December 1791 |
| Original purpose | To protect the right for Americans to possess weapons for the protection of themselves, their rights, and their property |
| Modern interpretation | An individual’s right to carry and use arms for self-defence |
| Original text | "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." |
| Early precedents | The Pennsylvania Constitution of 1776 asserted that "the people have a right to bear arms for the defence of themselves and the state." |
| The English Bill of Rights in 1689 allowed Protestant English citizens to "have arms for their defence [...] suitable to their conditions and as allowed by law." | |
| The notion of average citizens possessing their own weapons predates the Constitution. | |
| Later amendments | In 1876, the Supreme Court struck down arguments asserting that the Fourteenth Amendment extended the right to bear arms to individuals against state governments. |
| In 2008, District of Columbia v. Heller asserted that the Second Amendment protected the right of all individual citizens to keep and bear their own weapons to defend themselves, instead of only being for a state-run militia. | |
| In 2010, the Supreme Court ruled in McDonald v. City of Chicago that the Second Amendment’s provisions were protected at the state level by the Fourteenth Amendment’s Due Process Clause. |
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What You'll Learn
The Second Amendment was ratified in 1791
The Second Amendment to the United States Constitution, which protects the right of Americans to possess weapons, was ratified on December 15, 1791. The Second Amendment was part of the Bill of Rights, which included the first ten amendments to the Constitution. The Second Amendment states:
> "A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
The notion of average citizens possessing their own weapons predates the Constitution. For instance, the English Bill of Rights of 1689 allowed Protestant English citizens to "have arms for their defence [sic] suitable to their conditions and as allowed by law." Similarly, during the colonial and revolutionary periods, legal documents such as the Virginia Declaration of Rights and the Pennsylvania Constitution asserted that citizens had the right to arm themselves.
The Second Amendment's purpose has evolved over time. Initially, it served as a safeguard against foreign invasion and federal overreach. However, in the 20th and 21st centuries, it has been increasingly associated with general safety and the protection of life, liberty, and property. The interpretation and application of the Second Amendment have been the subject of numerous Supreme Court rulings and political and social commentaries.
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The right to bear arms
The Second Amendment, or Amendment Two, was indeed part of the original US Constitution, adopted in 1791 as part of the Bill of Rights. It protects the right of Americans to possess weapons for their protection, the protection of their rights, and their property. The original text reads:
> "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
The notion of average citizens possessing their own weapons predates the Constitution. In the English Bill of Rights in 1689, Parliament allowed all Protestant English citizens to "have arms for their defence [...] suitable to their conditions and as allowed by law". This was later commented on by Sir William Blackstone in his Commentaries on the Laws of England. Blackstone described the possession of weapons as an "auxiliary right", designed to support the core rights of self-defence and resistance to oppression, as well as the responsibility for armed citizens to protect their homeland.
During the colonial and revolutionary periods, legal documents such as the Virginia Declaration of Rights and the Pennsylvania Constitution also asserted that the right for citizens to arm themselves was fundamental. After the American Revolution, one of the most prominent arguments among the Constitution's framers was that oppressive regimes would use soldiers from their large armies to oppress their people. To counter this hypothetical threat, some asserted that the best deterrent would be to have each state raise their own militias, composed of average citizens who would be granted the right to gather and possess their own armaments.
The Second Amendment's purpose has gradually shifted from being a bulwark against foreign invasion and federal overreach to general safety and protection of life, liberty, and property. In 2008, in District of Columbia v. Heller, the Supreme Court asserted that the Second Amendment protected the right of all individual citizens to keep and bear their own weapons to defend themselves, instead of only being for a state-run militia.
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The role of militias
The Second Amendment, which was adopted in 1791 as part of the Bill of Rights, has its roots in the early American experience with militias and military authority. In Founding-era America, citizen militias, composed of local community members, existed to provide for the common defence of a free country. These militias were viewed as a way to counter the threat of oppressive regimes, which could use soldiers from their large armies to easily oppress their people.
The notion of average citizens possessing their own weapons predates the Constitution. The English Bill of Rights of 1689 allowed Protestant English citizens to "have arms for their defence [sic] suitable to their conditions and as allowed by law." This idea was later commented on by Sir William Blackstone, who described the possession of weapons as an "auxiliary right," designed to support the core rights of self-defence and resistance to oppression.
The Second Amendment was also influenced by the colonial and revolutionary periods, during which legal documents such as the Virginia Declaration of Rights and the Pennsylvania Constitution asserted the right for citizens to arm themselves as fundamental. Following the Revolutionary War, several states codified constitutional arms-bearing rights. For example, the Pennsylvania Constitution of 1776 stated that "the people have a right to bear arms for the defence of themselves and the state."
The Second Amendment's original purpose was to protect the right of citizens to possess weapons for the defence of themselves, their rights, and their property. It was also intended to provide a check on congressional power to organise, arm, and discipline the federal militia. The amendment reads: "A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
Over time, the Second Amendment's purpose shifted from being a bulwark against foreign invasion and federal overreach to focusing on general safety and the protection of life, liberty, and property. In modern times, it is often referred to as an individual's right to carry and use arms for self-defence. The Supreme Court has also interpreted the Second Amendment as enshrining the duty of individuals to defend the government against all enemies.
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The Bill of Rights
The Second Amendment to the United States Constitution, which protects the right of Americans to keep and bear arms, was indeed part of the original Bill of Rights.
The inclusion of the Second Amendment in the Bill of Rights was informed by the early American experience with militias and military authority. In Founding-era America, citizen militias, composed of local community members, existed to provide for the common defence. Standing armies of professional soldiers were viewed with suspicion, and the right to keep and bear arms was considered a bulwark against foreign invasion and federal overreach.
The notion of average citizens possessing their own weapons predates the Constitution. The English Bill of Rights of 1689 allowed Protestant English citizens to "have arms for their defence [sic] suitable to their conditions and as allowed by law." This right was later described by Sir William Blackstone in his Commentaries on the Laws of England as an "auxiliary right," supporting the core rights of self-defence and resistance to oppression.
The Second Amendment has been the subject of numerous Supreme Court cases and political and social commentaries, with scholars of American history and law agreeing that it is a key part of the Constitution. The amendment's interpretation has evolved over time, with a shift in focus from the collective right of state-run militias to bear arms to the individual right of citizens to possess weapons for self-defence, personal security, and protection of life, liberty, and property.
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The Fourteenth Amendment
The Second Amendment was indeed part of the original US Constitution, adopted in 1791 as part of the Bill of Rights. The Second Amendment protects the right of Americans to possess weapons for the protection of themselves, their rights, and their property. The full text of the amendment is as follows:
> "A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
The notion of average citizens possessing their own weapons predates the Constitution. In the English Bill of Rights of 1689, Parliament allowed all Protestant English citizens to "have arms for their defence [sic] suitable to their conditions and as allowed by law." This law was later commented on by Sir William Blackstone in his Commentaries on the Laws of England. Blackstone described the possession of weapons as an "auxiliary right," designed to support the core rights of self-defence and resistance to oppression, as well as the responsibility for the armed citizenry to protect their homeland.
During the colonial and revolutionary periods, legal documents such as the Virginia Declaration of Rights and the Pennsylvania Constitution also asserted the right for citizens to arm themselves. After the American Revolution, one of the most prominent arguments among the Constitution's framers was that oppressive regimes would use soldiers from their large armies to easily oppress their people. To counter this hypothetical threat, some asserted that the best deterrent would be to have each state raise its own militias, composed of average citizens who would be granted the right to gather and possess their own armaments.
The Second Amendment's purpose has evolved over time. Initially, it served as a bulwark against foreign invasion and federal overreach. However, in the 20th and 21st centuries, it has been increasingly associated with general safety and the protection of life, liberty, and property. The amendment has been the subject of significant political and social commentary, with scholars of American history and law agreeing on its key role in the Constitution.
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Frequently asked questions
The Second Amendment is a US citizen's right to keep and bear arms. The original text reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
No, the Second Amendment was not part of the original US Constitution. The Constitution was ratified on 21 June 1788, and the Second Amendment was added to the Constitution on 15 December 1791.
The Second Amendment was added to the Constitution to protect the right of Americans to possess weapons for the protection of themselves, their rights, and their property. The notion of average citizens possessing their own weapons predates the Constitution.
