Eleanor Finch
The Second Amendment to the US Constitution, which concerns the right to bear arms, has been the subject of much debate and interpretation over the years. The amendment, which grew out of the political tumult surrounding the drafting of the Constitution, was informed by early American experiences with militias and military authority. The text of the amendment states: A well-regulated militia, being necessary for the security of a free state, the right of the people to keep and bear arms, shall not be infringed. While some have interpreted this as an individual right to own a gun, others argue that it only applies to the arming of people in service to an organized state militia. The Supreme Court ruled in 2008 that the Second Amendment guarantees an individual's right to own a gun, but the debate around the amendment's true intent and its impact on gun control policies in the US continues.
| Characteristics | Values |
|---|---|
| Date of Amendment | Finalized in the Senate in 1867 |
| Authors | St. George Tucker, James Madison, William Rawle, Judge Timothy Farrar, Judge Thomas M. Cooley |
| Content | "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." |
| Interpretations | Individual right to bear arms, collective right to bear arms, right to a "regular army" |
| Historical Influences | English Bill of Rights of 1689, Founding-era America, Revolutionary War, Glorious Revolution |
Explore related products
What You'll Learn
The English Bill of Rights of 1689
James Madison is credited with writing the Second Amendment to the US Constitution. Madison went to Congress with a political commitment to supporting a bill of rights. In his draft, he included a provision that, with minor modifications, became what is now the Second Amendment:
> "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."
Professor Bogus argues that Madison wrote this to assure his constituency that Congress could not deprive the states of an armed militia. Another interpretation of the Second Amendment is that it protects the right to bear arms within the militia, as defined within the main body of the Constitution, under the joint control of federal and state governments.
The English Bill of Rights contains many rights that were later included in the US First Amendment, such as the right to petition and freedom of speech and debate. It also favoured Protestants and excluded "Papists" from serving as monarchs or members of Parliament. The Bill received royal assent on 16 December 1689.
Reconstruction Amendments: Constitution's Evolution
You may want to see also
The role of militias in Founding-era America
The Second Amendment to the US Constitution is often traced back to the English Bill of Rights of 1689, which declared that "Protestants may have arms for their defence suitable to their condition, and as allowed by law". This provision arose from friction over the English Crown's efforts to use loyal militias to control dissidents and enhance its army, prior to the Glorious Revolution that overthrew King James II.
After the war, the Continental Army was disbanded, and the defence of the nation was intended to come from state militias. The Founding Fathers envisioned the militia as a national military force that would be "organised, armed, and disciplined" by Congress, with significant control remaining in the hands of each state government. The Militia Act of 1792 clarified that the militia consisted of "every free able-bodied white male citizen [...] who is or shall be of the age of eighteen years, and under the age of forty-five years".
In the postwar period, militias were highly popular, though this was based more on pride in the victory of the recent war than on the realities of their effectiveness. Many military professionals regarded militias as amateurish and incompetent. Militias played a dual role as institutions that reflected both local communities and governmental authority. They were supposed to protect the interests of the community, though in practice, this often meant violently suppressing uprisings by enslaved people and invading Indian Country to indiscriminately kill Native Americans.
By the time of the Civil War, militias were increasingly replaced by professional armies and police forces, and in the early 20th century, they were subsumed into the National Guard.
The Post-FDR Era: Constitutional Amendments Explained
You may want to see also
The individual right to bear arms
The Second Amendment to the US Constitution, protecting the right of Americans to keep and bear arms, was 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 roots of the Second Amendment can be traced back to the English Bill of Rights of 1689, which declared that "Protestant subjects may have arms for their defence suitable to their condition and as allowed by law". This law was later commented on by Sir William Blackstone, who described the possession of weapons as an "auxiliary right", supporting the core rights of self-defence and resistance to oppression.
In the context of the newly formed United States, there were concerns about the shift of military authority from the states to the federal government and the potential for government overreach. The Second Amendment was intended to protect the right of citizens to possess weapons for their own defence and as a bulwark against federal overreach. The amendment took its final form in the Senate, where several phrases were modified, including changing "the militia as the best security of a free State" to "the militia as necessary to the security of a free State".
Over time, the focus of the Second Amendment shifted from a collective right associated with militia service to an individual right to possess firearms for self-defence, as affirmed by the Supreme Court in the 2008 case of District of Columbia v. Heller. This decision established that the Second Amendment protects the right of all individual citizens to keep and bear arms, regardless of militia service.
The 25th Amendment: Understanding Presidential Succession
You may want to see also
Explore related products
The influence of James Madison
James Madison was a key figure in the drafting and ratification of the Second Amendment to the U.S. Constitution. As a leading Federalist, Madison initially argued against the need for a Bill of Rights, asserting that the federal government could never amass enough power to threaten the liberties of the states and their militias. This view was shared by other Federalists, including Noah Webster.
However, Madison eventually recognised the necessity of a Bill of Rights to secure the support of Anti-Federalists and ensure the Constitution's ratification. Madison was tasked with drafting this Bill of Rights, which included the Second Amendment. Madison's initial draft of the Second Amendment stated:
> "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."
This draft underwent several revisions, particularly in the Senate, where the religious-objector clause was removed and other phrases were modified. The final version of the Second Amendment, ratified on December 15, 1791, 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."
Madison's influence on the Second Amendment was shaped by his belief in the adequacy of state governments and militias to counterbalance federal power. This perspective reflected his broader concerns about centralising power and his trust in the ability of armed citizens to resist potential threats to liberty. Madison's role in crafting the Second Amendment was thus informed by his Federalist ideology and his understanding of the early American experience with militias and military authority.
Amendment's Power: Outlawing Poll Taxes and Protecting Voting Rights
You may want to see also
The NRA's influence on the interpretation
The Second Amendment to the US Constitution is widely recognised as protecting the right to keep and bear arms. However, the National Rifle Association (NRA) has been instrumental in shaping the interpretation of this amendment to suit its interests.
The NRA's influence on the Second Amendment can be traced back to the "`Revolt at Cincinnati'" in 1977. At the NRA's annual meeting that year, activists from pro-gun groups voted out the organisation's moderate leadership and replaced them with hardliners who embraced a dramatic, dogmatic, and ideological stance on gun rights. This new leadership formally embraced the idea that the Second Amendment was at the heart of the NRA's mission.
The NRA began to use religious language to shape the discourse surrounding the Second Amendment, capitalising on the rise of religious nationalism and the New Christian Right in the late 1970s. This shift in rhetoric was deliberate and reflected the organisation's move into political influence. The NRA increasingly tied discussions of the Second Amendment to "God" and "God-given" rights, creating a powerful link between religion and nationalism that resonated with right-leaning audiences.
The NRA also exerted its influence through lobbying and political endorsements. The Institute for Legislative Action (ILA), established in 1975, is the lobbying arm of the NRA and works to preserve the right of individuals to purchase, possess, and use firearms as guaranteed by the Second Amendment. The NRA endorsed Ronald Reagan in 1980, the first time it had ever endorsed a presidential candidate. Reagan's support for an absolutist interpretation of the Second Amendment helped solidify the NRA's position.
The NRA has also worked to shape the academic interpretation of the Second Amendment. In 2003, the NRA Foundation provided $1 million to endow a professorship in constitutional law and the Second Amendment at George Mason University Law School. The scholars and pseudo-scholars funded by this money argued that the traditional view of the Second Amendment, shared by courts and historians, was wrong and needed to be overturned.
The NRA's influence has had a significant impact on the interpretation of the Second Amendment, transforming it from a constitutional amendment to an article of faith in religious nationalism. The NRA's efforts have contributed to a culture where gun ownership is deeply intertwined with American identity and where any attempt to restrict access to firearms is seen as a threat to individual liberty.
SC's Constitutional Amendments: Victims' Rights Provisions
You may want to see also
Frequently asked questions
The Second Amendment was drafted by a group of young men, many of whom had served together in the Continental Army.
The Second Amendment consists of just one sentence: "A well-regulated militia being necessary for the security of a free state, the right of the people to keep and bear arms shall not be infringed."
The Second Amendment was added to protect state militias, which were intended to defend the nation after the disbandment of the Continental Army.
Yes, the interpretation of the Second Amendment has evolved. For over two centuries, it was largely interpreted as concerning the arming of citizens in service to an organized state militia. However, in recent decades, an "individualist" view of gun ownership rights has gained traction. In 2008, the U.S. Supreme Court ruled that the Second Amendment guarantees an individual's right to own a gun.
