Eleanor Finch
The Second Amendment to the United States Constitution, also known as Amendment II, protects the right of Americans to keep and bear arms. The text of 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 was passed by Congress on September 25, 1789, and ratified on December 15, 1791, along with nine other articles of the United States Bill of Rights. The Second Amendment has been a topic of ongoing debate and has been interpreted differently over time, with early arguments focusing on the balance of power between the federal government and the states, and more recent discussions centering around gun control and public safety.
| Characteristics | Values |
|---|---|
| Date passed by Congress | September 25, 1789 |
| Date ratified | December 15, 1791 |
| Purpose | Protect the right for Americans to possess weapons for the protection of themselves, their rights, and 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." |
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What You'll Learn
The Second Amendment protects the right to keep and bear arms
The Second Amendment to the United States Constitution protects the right of citizens to keep and bear arms. Passed by Congress on September 25, 1789, and ratified on December 15, 1791, the Second Amendment is part of the Bill of Rights, which comprises the first ten amendments to the Constitution.
The text of 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.
This amendment has been the subject of much debate and various interpretations over the years. One interpretation is that it protects an individual's right to own firearms for self-defence, as affirmed by the Supreme Court in District of Columbia v. Heller (2008). The court also noted that this right is not unlimited and does not prevent certain prohibitions, such as those forbidding firearm possession by felons or the mentally ill.
Another interpretation is that the Second Amendment is about ensuring public safety and does not prevent the government from adopting reasonable regulations of guns and gun owners. This view is supported by the fact that the Founding generation had a different understanding of gun rights, as evidenced by the existence of Founding-era laws regulating the armed citizenry. Additionally, the amendment's reference to a ""well-regulated Militia" suggests that the Founders intended for gun ownership to be managed and supervised.
The Second Amendment has also been interpreted in the context of state and local governments' ability to regulate firearms. In McDonald v. City of Chicago (2010), the Supreme Court ruled that state and local governments are limited in the same way as the federal government from infringing upon the right to keep and bear arms.
Furthermore, the original understanding of the Second Amendment has evolved. Civilians today no longer expect to use their household weapons for militia duty, but they still keep and bear arms for self-defence, hunting, and recreation. The adoption of the Fourteenth Amendment also changed the legal landscape, with substantial evidence suggesting that it was intended to protect individuals' right to keep and bear arms from infringement by the states, although this interpretation was rejected by the Supreme Court.
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The right to bear arms was ratified on December 15, 1791
The Second Amendment (Amendment II) to the United States Constitution, which protects the right to keep and bear arms, was ratified on December 15, 1791. This amendment was part of the Bill of Rights, which included the first ten amendments to the Constitution. The Second Amendment was drafted by James Madison and 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 inclusion of the Second Amendment in the Bill of Rights was influenced by ongoing debates at the time regarding governmental tyranny and the risk of mob rule. There were also fears of a military takeover of the states by the federal government, which could occur if Congress prohibited citizens from arming themselves. The individual right to bear arms was further strengthened by the Militia Acts of 1792 and a similar act in 1795.
The right to bear arms has been a topic of legal debate, with the Supreme Court affirming in District of Columbia v. Heller (2008) that the right belongs to individuals for self-defense in the home. However, the Court also noted that this right is not unlimited and does not preclude certain prohibitions or restrictions on specific weapons. In McDonald v. City of Chicago (2010), the Supreme Court ruled that state and local governments are limited in the same way as the federal government from infringing upon this right.
The notion of average citizens possessing their own weapons predates the Constitution. The English Bill of Rights in 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 as an "auxiliary right," supporting core rights of self-defense and resistance to oppression.
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The right to bear arms was inducted into the Constitution
The Second Amendment to the United States Constitution, also known as Amendment II, protects the right of Americans to keep and bear arms. The text of the amendment, which was 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 inclusion of the Second Amendment in the Constitution was the result of a compromise between Federalists and Anti-Federalists during the ratification process. Anti-Federalists were concerned about the shift of military power from the states to the federal government, fearing that it could lead to government usurpation of individual rights. On the other hand, Federalists dismissed these concerns, arguing that the federal government's control over the military did not negate the right of average citizens to possess weapons.
The concept of citizens' right to bear arms predates the Constitution. The English Bill of Rights of 1689 granted Protestant English citizens the right to "have arms for their defence [sic] suitable to their conditions and as allowed by law." This idea was later elaborated on by Sir William Blackstone in his "Commentaries on the Laws of England," where he characterised the possession of weapons as an "auxiliary right" that supported core rights such as self-defence and resistance to oppression.
During the colonial and revolutionary periods in America, legal documents such as the Virginia Declaration of Rights and the Pennsylvania Constitution also emphasised the fundamental right of citizens to arm themselves. After the American Revolution, there were concerns about the potential misuse of large armies by oppressive regimes, leading to proposals for state-raised militias composed of average citizens who would have the right to gather and possess armaments.
The Second Amendment was initially intended as a safeguard against foreign invasion and federal overreach. However, over time, its purpose evolved to focus more on the safety and protection of individual rights, liberty, and property. In District of Columbia v. Heller (2008), the Supreme Court affirmed that the Second Amendment protected the right of individual citizens to keep and bear arms for self-defence, while also acknowledging that the right is not unlimited and does not preclude certain restrictions.
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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, and ratified on December 15, 1791. The Second Amendment protects the right to keep and bear arms. The right to bear arms was tied to membership in a militia, as only white people could join militias in the South. 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 inclusion of this amendment was informed by the ongoing debate at the time, which began in 1789, about "the people" fighting governmental tyranny, as described by Anti-Federalists, or the risk of mob rule, as described by Federalists. This debate was related to the increasingly violent French Revolution. There was a widespread fear of a military takeover of the states by the federal government, which could occur if Congress prohibited states from arming citizens or citizens from arming themselves.
The Second Amendment was first proposed by James Madison, who brought it to the floor of the House of Representatives on June 8, 1789. The House debated and modified the Second Amendment in late August 1789, and the final version was passed by Congress on September 25, 1789. The Bill of Rights, of which the Second Amendment was a part, was proposed by the first Congress on June 8, 1789, and was ratified on December 15, 1791.
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The Second Amendment was part of the Bill of Rights
The Second Amendment, which protects the right to keep and bear arms, was indeed part of the Bill of Rights. It was passed by Congress on September 25, 1789, and ratified on December 15, 1791, along with nine other articles of the United States 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 inclusion of the Second Amendment in the Bill of Rights was influenced by debates during the ratification of the Constitution. Anti-Federalists were concerned about the shift of military authority from states to the federal government, fearing it could lead to government usurpation of individual rights. They argued that citizens needed to be able to fight governmental tyranny, especially in light of the ongoing French Revolution. On the other hand, Federalists dismissed these concerns, asserting that militias would remain functional and that the federal government's military power was balanced by citizens' right to possess weapons.
The Second Amendment's purpose has evolved over time. Initially, it served as a safeguard against foreign invasion and federal overreach. However, in more recent times, its focus has shifted towards ensuring general safety and protecting life, liberty, and property. The interpretation and application of the Second Amendment have been the subject of ongoing political and social discussions, with various Supreme Court cases shaping its understanding.
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Frequently asked questions
The Second Amendment (Amendment II) to the United States Constitution protects the right to keep and bear arms.
The Second Amendment was passed to protect citizens from governmental tyranny and foreign invasion. It was also meant to prevent mob rule and federal overreach.
The Second Amendment was passed by Congress on September 25, 1789, and was ratified on December 15, 1791, along with nine other articles of the United States Bill of Rights.
