Omar Bennett
The Second Amendment to the United States Constitution, which 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, was proposed by James Madison on September 25, 1789, and ratified on December 15, 1791. The Second Amendment has been the subject of much interpretation and debate, with some arguing that it was intended to preserve the power to regulate arms to the states, while others believe it was meant to create a new right to bear arms for self-defence. The Supreme Court has cited the Second Amendment in several landmark cases, including United States v. Schwimmer (1929) and District of Columbia v. Heller (2008), shaping the understanding of this contentious amendment.
| Characteristics | Values |
|---|---|
| Date proposed | September 25, 1789 |
| Date ratified | December 15, 1791 |
| Proposing body | First Congress of the United States |
| Ratifying body | Three-fourths of state legislatures |
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What You'll Learn
The Second Amendment was passed by Congress on September 25, 1789
The Second Amendment to the United States Constitution was passed by Congress on September 25, 1789. The Second Amendment is part of the Bill of Rights, which comprises the first 10 amendments to the Constitution.
On that day, the First Congress of the United States proposed 12 amendments to the Constitution. Ten of these were ratified on December 15, 1791, and the ratified articles constitute the Bill of Rights. The Second Amendment, in its 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 Second Amendment was designed to provide a constitutional check on congressional power under Article I, Section 8, to organise, arm, and discipline the federal militia. It has been referred to in modern times as an individual's right to carry and use arms for self-defence.
The Amendment has been the subject of several landmark Supreme Court cases, including District of Columbia v. Heller in 2008, which concluded that the Second Amendment includes the right of individuals to bear arms for self-defence.
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It was ratified on December 15, 1791
The Second Amendment to the United States Constitution was ratified on December 15, 1791, as part of the Bill of Rights. The Second Amendment was one of the first ten amendments to the Constitution, which were ratified by three-fourths of the state legislatures on that date. The Second 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 first proposed by the First Congress of the United States on September 25, 1789, along with eleven other amendments. The original proposal and the Joint Resolution of Congress proposing the amendments are on display in the Rotunda of the National Archives Museum.
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The right to keep and bear arms
The Second Amendment to the United States Constitution, which concerns "the right of the people to keep and bear arms", was passed by Congress on September 25, 1789, and ratified on December 15, 1791. The 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 Second Amendment solidifies one of America's most fundamental freedoms—the right to keep and bear arms. It was created by the Founding Fathers with the intention of granting Americans the right to bear arms without government interference. The right to keep and bear arms is an individual right unrelated to one's status in a militia. The Founding Fathers believed that citizens should be able to protect themselves against the government and any other threat to their wellbeing or personal freedom.
The Supreme Court affirmed in 2008 that the Second Amendment guarantees the individual right to keep and bear arms for lawful uses. This meant that the Founding Fathers' intention to grant that right could not be misinterpreted by those seeking to pass unconstitutional gun control legislation. The Court's ruling, however, does not invalidate existing firearm laws. For example, longstanding prohibitions on the possession of firearms by felons and the mentally ill, laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, and laws imposing conditions and qualifications on the commercial sale of arms are not affected.
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The influence of the English Bill of Rights
The Second Amendment to the United States Constitution, which protects the right to keep and bear arms, was passed by Congress on September 25, 1789, and ratified on December 15, 1791.
The English Bill of Rights, which was enacted in 1689, has been acknowledged by the U.S. Supreme Court as having influenced the Second Amendment. The English Bill of Rights includes the proviso that arms must be "'allowed by law'" and is subject to the right of Parliament to repeal earlier enactments. The historical link between the two documents, which both codify an existing right, has been a subject of debate and interpretation.
The English Bill of Rights, which was influenced by the writings of Sir William Blackstone, recognised the right of English subjects to have arms for their defence, suitable to their condition and degree. Blackstone understood these auxiliary rights as mechanisms that protected the natural or inherent rights of Englishmen. This interpretation of the English Bill of Rights was mediated to colonial America by Blackstone's Commentaries.
However, some scholars, such as Professor Schwoerer, argue that the English Bill of Rights did not grant an individual right to all English subjects to possess a gun. Instead, it was subject to restrictions and qualifications, such as limiting gun ownership to the very wealthy or prohibiting certain individuals from keeping firearms for hunting.
The writers of the Second Amendment were likely influenced by the English Bill of Rights, but the extent and interpretation of this influence are debated. Some argue that the Second Amendment was intended to preserve the power to regulate arms at the state level, similar to the English Parliament's power over the monarch. Others interpret it as creating a new right, akin to other rights written into the Constitution.
In conclusion, while the English Bill of Rights had some influence on the Second Amendment, the specific intent and interpretation of the Second Amendment continue to be a matter of scholarly debate.
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The Second Amendment and the Supreme Court
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 is one of the most controversial provisions of the U.S. Constitution and has played a pivotal role in shaping gun rights and gun control. The Supreme Court has addressed the Second Amendment only occasionally and in relatively narrow circumstances for most of its history. However, in recent years, two landmark rulings on the Second Amendment have been made by the Supreme Court: District of Columbia v. Heller and McDonald v. City of Chicago.
In 2008, the Supreme Court ruled on the Second Amendment for the first time in almost 70 years after Dick Heller sued the District of Columbia over its ban on handguns in the home. The court ruled in Heller's favour, affirming an individual right to keep handguns in the home for self-defence. Justice Antonin Scalia, who wrote the majority opinion, clarified that the Second Amendment does not provide a right to keep and carry any weapon for any purpose. Instead, it supports an individual right to possess guns and use them for traditionally lawful purposes. This ruling was significant as it was the first time the Court affirmed an individual's right to own a gun.
In McDonald v. City of Chicago in 2010, the Supreme Court held that the Second Amendment applies to state and local governments in addition to the federal government. The case was brought by Otis McDonald and three other Chicago residents challenging the city's handgun ban, similar to the one overturned in the Heller case. The Supreme Court ruled in a 5-4 decision that Chicago's complete handgun ban was unconstitutional, but it reiterated that various state and local gun laws are permissible.
The Supreme Court has also addressed the Second Amendment in other cases, such as United States v. Miller (1939), Lewis v. U.S. (1980), and more recently, United States v. Rahimi (2024) and Garland v. Cargill (2024). These cases have further shaped the interpretation and application of the Second Amendment in the context of gun rights and gun control.
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Frequently asked questions
It was written on September 25, 1789.
It was proposed on September 25, 1789, by the First Congress of the United States.
It was passed by Congress on September 25, 1789.
It was ratified on December 15, 1791.
