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 2ND Amendment to the U.S. Constitution.
The sentence above
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 2ND Amendment to the U.S. Constitution.
The sentence above has spawned in modern U.S. history some of the most heated and vitriolic debates on government authority. The key point is whether government has authority to require background checks, waiting periods, and registration for a person to own and use firearms. Some cities have even outright banned the sale, use and possession of firearms, even handguns. In some states, there are laws governing open and concealed carry laws. But what did the Founding Fathers really mean when they wrote the Second Amendment? And how should it be applied today given that knowledge of the Founders Original Intent? That will be the topic of discussion for today’s blog article.
First, we will focus on quotes from the Founders that clearly outlines the intent and purpose behind the second amendment. Secondly, we will talk about the modern implications and authority of the different levels of government in respect to this amendment and its original intent.
The second amendment is traditionally broken up into two parts or clauses. The first clause is the militia clause, that states: “A well regulated Militia, being necessary to the security of a free state…” This clause is the lynchpin to most liberal arguments against private gun ownership and use. Liberals argue that the right belongs to the militia to control the use of fire arms. They view the police and military as the only legal owners of firearms. What did the founders think of this? How did they define “militia?” And what was the purpose of the militia?
I ask, sir, what is the militia? It is the whole people except for a few public officials. – George Mason
A militia, when properly formed, are in fact the people themselves…and include all men capable of bearing arms. – Richard Henry Lee
A well regulated militia, composed of the body of the people, trained in arms, is the best most natural defense of a free country. – James Madison
Who are the militia? Are they not ourselves? Is it feared, then, that we shall turn our arms each man gainst his own bosom. Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birthright of an American…[T]he unlimited power of the sword is not in the hands of either the federal or state governments, but, where I trust in God it will ever remain, in the hands of the people. – Tenche Coxe
No free government was ever founded or ever preserved its liberty, without uniting the characters of the citizen and soldier in those destined for the defense of the state…. Such are a well regulated militia, composed of the freeholders, citizen and husbandman, who take up arms to preserve their property, as individuals, and their rights as freemen.” – “State Gazette,” Charleston, NV, 1788
We can see directly from these quotes that the militia is the complete body of men trained and capable of bearing arms. This would lead us to believe that the right of bearing arms, while used in the militia, belongs to the individual trained to use those arms. This is an individual right, not a collective right. What was the purpose of the militia?
The most effectual way to guard against a standing army, is to render it unnecessary. The most effectual way to render it unnecessary, is to give the general government full power to call forth the militia, and exert the whole natural strength of the Union, when necessary. Thus you will furnish the people with sure and certain protection, without recurring to this evil; and the certainty of this protection from the whole will be a strong inducement to individual exertion. – James Madison
What, sir, is the use of a militia? It is to prevent the establishment of a standing army, the bane of liberty. – Elbridge Gerry
I object to the power of Congress over the militia and to keep a standing army … The last resource of a free people is taken away; for Congress are to have the command of the Militia … Congress may give us a select militia which will, in fact, be a standing army–or Congress, afraid of a general militia, may say there shall be no militia at all. When a select militia is formed; the people in general may be disarmed. – John Smilie
The Militia is composed of free Citizens. There is therefore no Danger of their making use of their Power to the destruction of their own Rights, or suffering others to invade them. – Samuel Adams
In a people permitted and accustomed to bear arms, we have the rudiments of a militia, which properly consists of armed citizens, divided into military bands, and instructed at least in part in the use of arms for the purposes of war. Their civil occupations are not relinquished, except while they are actually in the field, and the inconvenience of withdrawing them from their accustomed labours, abridges the time required for military instruction. Militia therefore never amount to perfect soldiers, unless the public exigencies shall have kept them so long together as to absorb the civil, in the military character. – William Rawle, “A View of the Constitution of the United States of America”
The fundamental law of the militia is, that it be created, directed and commanded by the laws, and ever for the support of the laws. – John Adams
The design of the militia was to protect the local community from threats against itself and to enforce the laws.