Sunday, February 20, 2005

Let's Talk About the 2nd 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."

Our Founding Fathers fought and died for the right to keep and bear arms. It is a fact that most of America passively allows this Right to be "lawfully taken" without even voicing their opinion.

The first 10 amendments to the Constitution are called “The Bill of Rights.” What is the purpose of the Bill of Rights?

The intent of these amendments was to protect individuals from government powers. They were meant as a guarantee to the individual state governments as well as the American citizens that the Federal government would not try to take away the freedoms which many of them had so recently fought for. Senator William Grayson wrote to Patrick Henry; "Last Monday, a string of amendments were presented to the lower House; these altogether respected personal liberty…" (p. 76).

"To preserve Liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use them." (Richard Henry Lee, Virginia delegate to the Continental Congress, and member of the first Continental Congress, which passed the Bill of Rights) (see article)


What does the 2nd Amendment Mean? Who is it talking about? The final ratified version of the amendment, according to the Library of Congress, only had one comma. Therefore, the plain language of the amendment itself states quite clearly that "the right of the people to keep and bear arms shall not be infringed." This meaning is clear, reqardless of what the first part of the sentence is. (See article by Prof. Eugene Volokh, UCLA Law School)

Also, please see the Memorandum Opinion for the Attorney General: "Whether the Second Amendment Secures and Individual Right." I will appreciate your comments.