Eleanor Finch
The Second Amendment to the United States Constitution, which protects the right of Americans to keep and bear arms, was passed by Congress on September 25, 1789, and ratified in 1791 on December 15. The amendment was proposed by James Madison and 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 Second Amendment has been the subject of much debate and commentary, particularly in regard to its interpretation and application in modern times.
| Characteristics | Values |
|---|---|
| Date passed by Congress | September 25, 1789 |
| Date ratified | December 15, 1791 |
| Purpose | To protect the right for Americans to possess weapons for the protection of themselves, their rights, and their property |
| 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." |
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What You'll Learn
The Second Amendment was ratified on December 15, 1791
The Second Amendment to the United States Constitution, protecting the right of Americans to bear arms, was ratified on December 15, 1791. The Second Amendment was proposed by James Madison and passed by Congress on September 25, 1789, before being ratified in 1791 as part of the Bill of Rights. 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."
The Second Amendment was written to protect the right of citizens to arm themselves, a right that many believed to be fundamental. The notion of citizens possessing weapons predates the Constitution, with the English Bill of Rights of 1689 allowing Protestant English citizens to "have arms for their defence". During the colonial and revolutionary periods, documents such as the Virginia Declaration of Rights and the Pennsylvania Constitution also asserted the right of citizens to arm themselves.
The Second Amendment was also influenced by the concern that a centralised military under federal control could be used to oppress the people. Anti-Federalists believed that the federal government, with its standing army, had too much power. The Second Amendment was therefore designed to allow for the creation of civilian forces that could counteract a potentially tyrannical federal government. The militias would be composed of average citizens who would be granted the right to gather and possess armaments, while also receiving military instruction and pay from their state governments.
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The right to keep and bear arms
The Second Amendment to the US Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, 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."
This amendment solidifies the right of Americans to keep and bear arms, a right that citizens can exercise for self-defence and the defence of their property. The Founding Fathers believed that citizens should be able to protect themselves against the government and any other threat to their freedom and well-being. The Second Amendment grants citizens the right to arm themselves, and the government cannot infringe upon this right.
The Supreme Court affirmed on June 26, 2008, that the Second Amendment guarantees the individual right to keep and bear arms for lawful uses. This decision was a significant breakthrough, as it prevented those seeking to pass unconstitutional gun control legislation from misinterpreting the Founding Fathers' intention to grant that right.
The interpretation of the Second Amendment and the right to keep and bear arms has been a subject of ongoing debate and legal challenges. Some states have tried to pass laws that infringe upon this right, leading to court cases such as McDonald v. Chicago (2010), where the Supreme Court affirmed that Americans have the right to keep and bear arms regardless of city or state.
Furthermore, the right to keep and bear arms has been challenged during national emergencies and public health crises. Congressman Michael Cloud introduced the Protecting the Right to Keep and Bear Arms Act to prevent the federal government from using emergencies as a pretext for unconstitutional gun control measures. This act aims to defend the rights of law-abiding gun owners and prevent government overreach during emergencies.
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The influence of the English Bill of Rights
The Second Amendment to the United States Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, 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 Second Amendment was heavily influenced by the English Bill of Rights, which included the proviso that arms must be "allowed by law". The English Bill of Rights, enacted in 1689, did not introduce new laws but rather stated existing rights. The English Bill of Rights recognised the right of Protestant subjects to possess arms for their defence, suitable to their condition and degree.
The historical link between the English Bill of Rights and the Second Amendment has been acknowledged by the US Supreme Court. The Second Amendment was based partially on the right to keep and bear arms in English common law. Blackstone, in his Commentaries on the Laws of England, described the right to have arms as a subordinate auxiliary right of the subject that was also declared in the English Bill of Rights. Blackstone understood these auxiliary rights as mechanisms that protected the subjects' natural or inherent rights.
However, there is room for interpretation regarding the writers' intentions. One perspective is that they intended to preserve the power to regulate arms for the states, rather than the federal government, as the English Parliament had reserved for itself against the monarch. Another interpretation is that they intended to create a new right, similar to other rights enshrined in the Constitution.
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The role of militias
The Second Amendment to the United States Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1781, includes the following 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.
In the context of the early American experience, militias were drawn from the local community and existed to provide for the common defence. Standing armies of professional soldiers were viewed with suspicion, and the Founding Fathers believed that a well-armed populace was the best defence against tyranny. James Madison's initial draft of the Second Amendment reflected this belief, stating:
> The right of the people to keep and bear arms shall not be infringed; a well armed and well regulated militia being the best security of a free country: but no person religiously scrupulous of bearing arms shall be compelled to render military service in person.
However, the final version of the amendment placed the emphasis on the role of militias, suggesting that the right to keep and bear arms was closely tied to the existence of a well-regulated militia. This interpretation has been a matter of debate, with some arguing that the amendment protects the right of individuals to have arms for self-defence, while others contend that it protects the right of states to maintain a militia.
The modern debate has evolved, with some arguing that the Second Amendment protects an individual's right to own firearms, while others advocate for gun control regulations that define and limit the types of weaponry a person can own.
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The Supreme Court's interpretation
The Second Amendment to the United States Constitution was passed by Congress on September 25, 1789, and ratified on December 15, 1791. It 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.
In United States v. Miller (1939), the Supreme Court rejected a Second Amendment challenge to the National Firearms Act, which prohibited the interstate transportation of unregistered Title II weapons. The Court adopted a collective rights approach, determining that Congress could regulate certain weapons under the National Firearms Act because they were not essential to the preservation or efficiency of a well-regulated militia.
In Heller (2008), the Supreme Court invalidated a federal law that forbade nearly all civilians from possessing handguns in the nation's capital. The Court ruled that the Second Amendment protects an individual's right to possess firearms for their own defence, not just the right of states to maintain a militia. This ruling was reinforced in Caetano v. Massachusetts (2016), where the Court struck down a Massachusetts statute prohibiting the possession or use of "stun guns."
In McDonald v. City of Chicago (2010), the Supreme Court struck down a similar handgun ban at the state level, holding that the Second Amendment applies to the states through the Fourteenth Amendment's due process clause. The Court found that the amendment is "fully applicable to the individual states."
The Supreme Court has also addressed the historical nature of the right to bear arms and the role of government regulation. In Kachalsky v. County of Westchester (2012), the Court upheld a New York law requiring individuals to demonstrate proper cause to obtain a license to carry a concealed firearm in public for general purposes. The Court ruled that this law did not violate the Second Amendment.
While the Supreme Court has provided some guidance on the interpretation of the Second Amendment, several questions remain unanswered. These include the precise limits of government regulation and the extent to which the Second Amendment protects the right to carry guns in public. The Court may continue to shape the interpretation of the Second Amendment through future rulings on these and other related issues.
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Frequently asked questions
The Second Amendment was passed by Congress on September 25, 1789, and ratified on December 15, 1791.
The Second Amendment protects the right of Americans to keep and bear arms.
The writers of the Second Amendment were heavily influenced by the English Bill of Rights, which granted all Protestant English citizens the right to "have arms for their defence".
The Second Amendment's purpose has shifted over time. Initially, it served as a bulwark against foreign invasion and federal overreach. Now, it is more commonly associated with general safety and the protection of life, liberty, and property.
In 2008, the Supreme Court ruled in District of Columbia v. Heller that the Second Amendment protects the right of individual citizens to keep and bear arms for self-defense. In 2010, the Court extended this ruling to state and local laws in McDonald v. City of Chicago.
