What do the terms arms, well regulated, and militia mean in the Second Amendment?
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How do they relate to each other? Has the Supreme Court been making correct interpretations of the Second Amendment? When answering this question, please attempt an answer that encompasses all aspects of the question and avoids a narrow interpretation that supports a specific position, such as pro gun or gun control. Background: Here is what I found from the Heritage Foundation: "The right to self-defense and to the means of defending oneself is a basic natural right that grows out of the right to life. The Second Amendment therefore does not grant the people a new right; it merely recognizes the inalienable natural right to self-defense. Lawmakers may outlaw certain types of weapons, but they may not disarm the citizenry." From: The Second Amendment and the Inalienable Right to Self-Defense By Nelson Lund, Ph.D. http://www.heritage.org/research/reports/2014/04/the-second-amendment-and-the-inalienable-right-to-self-defense It was pointed out that this is a conservative position. So I will include an alternate. From Business Week: â[John Paul Stevens, US Supreme court justice], recalls a colorful remark on the topic by the late Warren Burger, who served as chief justice from 1969 to 1986. Responding to the NRAâs lobbying campaign opposing gun control laws in the name of Second Amendment rights, Burger, a lifelong conservative, remarked during a television interview in 1991 that the amendment âhas been the subject of one of the greatest pieces of fraudâI repeat, fraudâon the American public by special interest groups that I have ever seen in my lifetime.â â[Justice Stevens] argues: âEmotional claims that the right to possess deadly weapons is so important that it is protected by the federal Constitution distort intelligent debate about the wisdom of particular aspects of proposed legislation designed to minimize the slaughter caused by the prevalence of guns in private hands.ââ Source: http://www.businessweek.com/articles/2014-02-20/gun-control-and-the-constitution-should-we-amend-the-second-amendment Yes, these two positions are on extreme ends of the scale, but answers need not be.
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Answer:
Well-regulated in the 2nd Amendment means "well functioning' or "in good working order". The Founders felt a functioning militia was a bulwark to a free state (read 'society' here) as a check against government tyranny. They distrusted standing armies as a tool of that tyranny. So the intent of the militia was to be well-trained and in good functioning order in the event they needed to be called to serve. It was expecting of a militiaman that they be familiar with their arms and knew how to use them. The Militia Act of 1792 specified the manner of equipment the militiaman was to provide and demonstrate proficiency under the guidance of officers appointed over them. Keep in mind a militia at the time of the founding required a regular set of actions done in a specific order operating as a group in order to be effective. Cadence and control actions such as loading, priming, aiming, firing within the line required the body of troops to act as a cohesive group. A rabble that just fired their weapons at-will without leadership was more dangerous to the side using them than the enemy troops approaching. Your local state representative's office is using the modern layman's understanding of "well-regulated" to equate to "tight regulation" or "governed" as we understand in terms of law or restrictions. That is NOT the meaning of the phrase and is used as a disingenuous way to argue for more gun control by twisting the words of the 2nd to mean something they actually don't.
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Other answers
I swear we've collectively answered this before.At the time the 2nd amendment was written, the term "well-regulated" meant, essentially, "in good working condition." This meant "working weaponry with sufficient munitions to fight with them."Also at the time, the USA had a very limited standing national army: the overwhelming majority of its military strength came from citizen militias, with each member of the militia providing their own weapon, not their state providing a weapon.TL:DR: The militia relied on each member, a private citizen, to provide their own personally owned weapon and some ammunition.
Daniel Holland
Lots of answers have answered this question well, so I wonât duplicate efforts. Let me just concentrate on âwell regulated.â What many who hate guns misunderstand is that this term âwell regulatedâ does NOT refer to owning firearms, but to the a well organized, well led, well-disciplined, and sufficiently supplied militiaâor body of civilian armed men.There were NO other laws at the time regulating firearm ownership or the bearing of firearms, so it doesnât make sense that they intended owning and bearing firearms to be regulated by the federal government.Iâm sure the founders of this country would be shocked to see how misunderstood their wording has become in modern days.
Darvell Hunt
The "well-regulated" clause really refers to training. There were "regular" militia, who were trained to fight as blocks of soldiers, and there were "irregular" militias who just ran out with their guns. From that perspective, the situation is not unconstitutional. Unwise, but not unconstitutional.
Michael Bertsch
We have a God given right to defense. We are the people. That is the individuals with no organization required. The militia is all the people. The level of organization is similar to a neighborhood watch or less and is optional. Well regulated means to meet once or twice per year with a neighbor or a friend or two. Level of training is maybe 7 days training per life though more is better. Keep arms means you can buy, build, fix and store. Bear arms means you can carry arms at home, work, in the community and on travel. Free state means the condition you live in and the State you live in, similar to the original Colonies. It does not mean the federal government. Shall not be infringed means the Federal, State and Local government cannot mess with this God given right.
Gary English
The syntax seems to suggest to me that the formation of a militia is more of an option than a demand. The Constitution protects their right, not their duty, to form and maintain a militia.
James Macumber
"A well regulated diet being necessary for the health of a free state, the right of the people to eat and grow vegetables shall not be infringed." What is protected in that sentence, diet or food?
Jeff Wilson
The inclusion of clauses in documents such as here are usually informative and intended to provide some partial context for other provisions that are more substantive. To a reader in the 21st Century a document written in the later 18th Century often is to decipher or fully understand because of the absence of requisite historical context. And possession of the historical context is essential in many cases, particularly with respect to the Second Amendment to the U.S. Constitution. Now some would hold that the reference to "militia" is outmoded and the necessity of a "militia" made obsolete with the creation of a standing army. But that would seem to betray the lack of historical awareness by that person as it ignores the great aversion that was held by the Founders in 1787 when the Constitution was drafted. Indeed most people are only aware of the myths of the Revolutionary War and the notion that Washington won an 8 year war with only militia troops. Far from it. Recall that the Continental Army was created and Washington named commander a year prior to the Declaration of Independence. General Washington and a number of officers had significant military experience as adjuncts to the British Army in the French and Indian War in the 1750's and knew well that militia could not be successful against a professional force, even though the Continental Congress thought that the militias were sufficient. This delusion was made credible by the significant cost to the British in the Bunker Hill action, but that was a static defensive action fought from improved positions and not a field army facing a field army. The battle of Long Island and NYC proved Washington correct. Rather the notion of a militia being a reference in the 2nd Amendment was a hat tip to the more fundamental value of having an armed populace that was able to contest actions and defend their rights from encroachment. While in their day they would be organized by community and drill together, this was not a necessity. Consider the 4-6,000 that converged on the days of and after Concord, a number that swelled to over 12,000 around Boston and lead to the Boston Siege and the Bunker Hill battle. They did not train together until they arrived. It was necessary that they all be armed and well acquainted with the use of their own weapons in order to join together to rebuff the force of arms arrayed to subjugate them. Without widespread individual gun ownership as a matter of right you could never constitute a "militia" and could never resist tyranny. That's why the reference to militia is there: because in 1787 they already saw the need for the capability of individual defense even if a standing army was available.
Mark Fisher
Well, there isn't really a need for a "well-regulated" militia anymore. Even though people still like keeping their guns and thus use that sentence frequently as an argument for their Second Amendment privileges, they probably don't want to waste their time organizing into a militia. If they did, then they would join the National Guard or something like that.
Linus Skov
Because states need to be able to quickly raise well-trained bodies of men to fight, all citizens (which at the time meant white males) must be allowed to own and use arms. That is the obvious grammatical meaning of the amendment. You didn't ask for background or justification, but I will add two ... points of personal preference. I do not think the current court ruled "correctly" when they said the amendment protects an unqualified individual right to keep and bear arms and sincerely hope some future court will overrule that. However, until that happens it is also now a part of the law of the land I also do not see how anyone could think that amendment with that first clause clearly ruling the second, could be about personal self-defense. It seems so obvious to me to be about State defense at a time when most everyone was fearful of standing armies.
Carol R Strand
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