Simone Lawson
The Second Amendment to the United States Constitution, also known as Amendment II, was ratified on December 15, 1791, and protects the right of Americans to keep and bear arms for their defence and protection. 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 amendment has been the subject of considerable debate and interpretation, with some arguing that it grants an individual constitutional right to possess firearms, while others believe it was intended to restrict Congress from legislating away a state's right to self-defence. The Supreme Court has ruled that the amendment guarantees an individual's right to own a gun for self-defence, and that state and local governments are limited in their ability to infringe upon this right.
| Characteristics | Values |
|---|---|
| Date of Ratification | December 15, 1791 |
| Purpose | To protect the right of Americans to possess weapons for self-defence, the defence of their rights, and the defence of their property |
| 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." |
| Interpretation | The interpretation of the Second Amendment is disputed. Some believe it creates an individual constitutional right to possess firearms, while others argue that the Framers intended only to restrict Congress from legislating away a state's right to self-defence. |
| Landmark Supreme Court Cases | District of Columbia v. Heller (2008), McDonald v. City of Chicago (2010), Caetano v. Massachusetts (2016) |
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What You'll Learn
The Second Amendment's original purpose
The Second Amendment, or Amendment Two to the US Constitution, was ratified on December 15, 1791. The amendment protects the right of Americans to possess weapons for the protection of themselves, their rights, and their property. The original text of the Second 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 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 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 easily oppress their people. To counter this hypothetical threat, some asserted that the best deterrent would be to have each state raise its own militia, composed of average citizens who would be granted the right to gather and possess their own armaments.
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The right to bear arms
The Second Amendment to the United States Constitution, also known as Amendment II, protects the right of Americans to keep and bear arms. It was ratified on December 15, 1791, as one of the first ten amendments to the Constitution, collectively known as the Bill of Rights. 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 Second Amendment has been a contentious issue, with intense debates surrounding the scope of the right to bear arms and the government's ability to regulate gun ownership. Some argue that it provides an absolute right to own weapons, while others contend that it is limited to purposes related to serving in a state militia. The inclusion of this right in a written constitution is uncommon, and the interpretation of the Second Amendment has evolved over time.
Historically, the right to bear arms was influenced by the English Bill of Rights of 1689, which allowed Protestant citizens of England and Wales to "have Arms for their Defence suitable to their Conditions and as allowed by Law." This restricted the English Crown's power over a standing army and ensured the right to self-defence. Similarly, the Second Amendment was initially intended to prevent the need for a professional standing army in the United States and to empower citizens to defend themselves and their property.
In modern times, the Second Amendment has been interpreted as guaranteeing the individual right to possess firearms for lawful purposes, including self-defence and recreational use. In District of Columbia v. Heller (2008), the Supreme Court affirmed that the Second Amendment protects an individual's right to keep a gun for self-defence, unrelated to militia service. This decision was further reinforced in McDonald v. Chicago (2010), where the Supreme Court ruled that state and local governments could not infringe upon this right.
While the Second Amendment protects the right to bear arms, it is not without limitations. The Supreme Court has acknowledged that certain prohibitions and restrictions on firearms possession exist, such as those forbidding the possession of firearms by felons and the mentally ill. The specific regulations surrounding gun ownership may vary by state, and the ongoing debate over the Second Amendment continues to shape the landscape of gun rights and gun control legislation in the United States.
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The influence of the English Bill of Rights
The Second Amendment to the United States Constitution, which was ratified on December 15, 1791, is part of the Bill of Rights, 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 Second Amendment was influenced by the English Bill of Rights, which included the proviso that arms must be "allowed by law". The English Bill of Rights did not create a new right but codified an existing right. Similarly, the writers of the Second Amendment were heavily influenced by the English Bill of Rights but did not create a new right. The English Bill of Rights included the right to bear arms as a protection of the other liberties of Englishmen. This right was also acknowledged by the U.S. Supreme Court, which ruled that the Second Amendment protects an individual's right to keep a gun for self-defence.
The English Bill of Rights and the Second Amendment both reflect a belief in the right to self-defence and the resistance of oppression. Blackstone, in his Commentaries, described the right to have arms as a subordinate auxiliary right of the subject, stating that:
> [the right to have arms is] also the public allowance, under due restrictions, of the natural right of resistance and self-preservation, when the sanctions of society and laws are found insufficient to restrain the violence of oppression.
The English Bill of Rights and the Second Amendment also share a historical context in which firearms played a significant role. The development of the firearms industry and the enthusiasm for firearms among the upper crust of English society in Tudor and Stuart England contributed to the inclusion of the right to bear arms in both the English Bill of Rights and the Second Amendment.
However, it is important to note that there are also differences between the English Bill of Rights and the Second Amendment. The English Bill of Rights included restrictions on gun ownership, such as limiting ownership to Protestants and those of a certain social status. In contrast, the Second Amendment has been interpreted as protecting an individual's right to own a gun without such restrictions.
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The Second Amendment in court cases
The Second Amendment, which is part of the Bill of Rights, has been the subject of numerous court cases in the United States, particularly regarding the right to keep and bear arms. One notable case is District of Columbia v. Heller, where Justice Antonin Scalia's majority opinion rejected the argument that the Second Amendment only protects the right to possess and carry firearms in connection with militia service. Instead, he found that it supports an individual's right to possess guns for lawful purposes. This decision has been reaffirmed in subsequent Supreme Court rulings, impacting legislatures' ability to pass gun control measures.
In McDonald v. City of Chicago, the Supreme Court extended the application of the Second Amendment to state and local governments. Chicago's complete handgun ban was overturned, with the Court recognising that the right to keep and bear arms is not unlimited. This case highlighted the distinction between upholding the Second Amendment while also permitting a variety of state and local gun laws.
Another case, United States v. Miller (1939), addressed the scope of the Second Amendment. The Court ruled that it does not guarantee the right to keep and bear a firearm without a reasonable relationship to the preservation or efficiency of a well-regulated militia. This case set a precedent for legislative restrictions on firearm use, balancing individual rights with public safety.
The Second Amendment has also been invoked in post-Civil War era cases, such as United States v. Cruikshank (1876), which dealt with the Ku Klux Klan depriving freed slaves of their rights, including the right to bear arms. The Court ruled on the respective powers of state governments and the national government regarding these rights.
More recently, New York State Rifle & Pistol Association, Inc. v. Bruen (2022) reaffirmed that when the Second Amendment covers an individual's conduct, their actions are presumptively protected. This places the burden on the government to justify firearm regulations by demonstrating consistency with the nation's historical tradition of firearm regulation.
These court cases illustrate the complex and evolving nature of interpreting the Second Amendment in the US legal system, balancing gun rights with public safety considerations.
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The future of the Second Amendment
The Second Amendment to the United States Constitution, ratified on December 15, 1791, protects the right of Americans to keep and bear arms. 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 Second Amendment has been the subject of considerable debate and interpretation throughout its history. The amendment's language, particularly the phrase "the right of the people to keep and bear Arms," has been interpreted as creating an individual constitutional right to possess firearms. This interpretation, known as the "individual right theory," suggests that legislative bodies are restricted from prohibiting firearm possession. On the other hand, some scholars argue for a collective rights theory, asserting that citizens do not have an individual right to possess guns, and that legislative bodies have the authority to regulate firearms without implicating a constitutional right.
The Second Amendment continues to be a highly contested issue in American society, with gun control advocates and gun rights supporters holding strong and opposing views. The interpretation and application of the Second Amendment will likely continue to evolve as societal attitudes and legal challenges shape its future. While some seek to uphold the Second Amendment as a fundamental protection of individual rights, others argue for stricter gun control measures to address concerns over public safety and the increasing incidence of gun violence. The ongoing debate surrounding the Second Amendment reflects the complex and evolving nature of constitutional interpretation in a changing societal landscape.
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Frequently asked questions
The Second Amendment of the United States Constitution protects the right of Americans to keep and bear arms.
The Second Amendment was ratified on December 15, 1791, along with nine other articles of the United States Bill of Rights. The right to bear arms was first established in the English Bill of Rights in 1689, which allowed all Protestant English citizens to "have arms for their defence [sic] suitable to their conditions and as allowed by law."
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."
