I’m writing this article to refute some of the comments made at AuntiE’s Firearms Refresher Course post. There is an awful lot of misinformation being bandied about in the comments section.
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.
Let’s break down that sentence clause by clause.
A well regulated Militia, being necessary to the security of a free State.
In the parlance of the day well regulated meant properly functioning and nothing more. The Militia at the time consisted of all able-bodied males at least 17 years old and capable of bearing arms. This is a preparatory statement. It does not modify the subject. It was not thought to modify the subject at the time it was written and as you shall see, the Founders thought Originalism is the only way to view the Constitution.
the right of the people to keep and bear arms, shall not be infringed.
Elsewhere in the Constitution, the construction used here, the right of the people, indicates an individual right. As written, this sentence prevents the federal government from enacting any restrictions on firearms ownership. This phrase is the Subject of the sentence.
Here’s what the founders had to say about the 2nd Amendment.
“A free people ought…to be armed… ”
George Washington
“Arms in the hands of citizens may be used at individual discretion… in private self-defense.”
“Resistance to sudden violence, for the preservation not only of my person, my limbs, and life, but of my property, is an indisputable right of nature which I have never surrendered to the public by the compact of society, and which perhaps, I could not surrender if I would.“
John Adams
“… arms… discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property. … Horrid mischief would ensue were (the law-abiding) deprived the use of them.”
Thomas Paine
“The Constitution shall never be construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms.”
Samuel Adams
“Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined…The great object is that every man be armed. Everyone who is able might have a gun.“
Patrick Henry
“The best we can hope for concerning the people at large is that they be properly armed. ”
Alexander Hamilton
“No free man shall ever be debarred the use of arms.”
“The Constitution of most of our states (and of the United States) assert that all power is inherent in the people; that they may exercise it by themselves; that it is their right and duty to be at all times armed.”
“Laws that forbid the carrying of arms… disarm only those who are neither inclined nor determined to commit crimes… Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.”
“On every question of construction (of the constitution) let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed. ”
Thomas Jefferson
I could have added dozens more, but you get the point. I think the last quote from Jefferson is highly applicable in today’s environment. If we look at the 2nd through the lens of the Founding era, it becomes quite clear that the Founders meant it to be an individual right, and one not to be restricted by the federal government.
Now on to some of the other misinformation that’s being spread:
A comment was made to the effect that the Colonies rebelled against England because of the English drive to end slavery as an institution. This is almost completely false. The main roots of the rebellion were in New England, not the South. I’d also point out those in the South who were active in the run-up to actual hostilities had most of the same complaints as those in the North, taxes, limited markets and prices for their goods and lack of representation in Parliament. Moreover, the British-backed Atlantic slave trade wasn’t ended until 1807, 31 years after the Revolution had started and 16 years after the Constitution had been ratified.
About the Militia act of 1907 or the Dick act, it has been superseded by title 10 of the US code. While some provisions of the Militia act remain, most have been removed. More, the Militia act specifically authorized the federal government the ability to call up state militias. It also created the National Guard. 10 USC § 246 defines militia this way:
- (a)The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
- (b)The classes of the militia are—
- (1)the organized militia, which consists of the National Guard and the Naval Militia; and
- (2)the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
As most of you know my degrees (BA, Duke MA, Norwich) are in History, so I do have some idea of what I’m talking about.