THE HISTORY OF THE SECOND AMENDMENT

Second Amendment Law Library - Valparaiso U. Law Review ^ | FR post 09-04-01 | David E. Vandercoy

[vannrox]

Yet another good read. I hope that you all are keeping up with this.

[vannrox]

"...Thus, the right envisioned was not only the right to be armed, but to be armed at a level equal to the government..."

[vannrox]

"...English history made two things clear to the American revolutionaries: force of arms was the only effective check on government, and standing armies threatened liberty. Recognition of these premises meant that the force of arms necessary to check government had to be placed in the hands of citizens..."

[vannrox]

"...To facilitate the collective rights of the subjects, each had attempted to disarm the others' supporters. Thus, the collective organization intended to protect all subjects' liberty, the militia, became an instrument of governmental tyranny. The collective rights of all subjects could not be guaranteed if the government had the power to vest enforcement in one collective organization because the government controlled the organization..."

[vannrox]

"...It should not be surprising that Americans in the midst of a revolution against tyranny would be suspicious of government, particularly when dealing with plans for their own government. As a consequence, most of the state constitutions of the era vested primary governing authority in a popularly elected legislative branch of government, not the executive,[204] and contained a statement for a bill of rights..."

[vannrox]

"...A standing army in the hands of a government placed so independent of the people, may be a fatal instrument to overturn the public liberties; it may be employed to enforce the collection of the most oppressive taxes, and to carry into execution the most arbitrary measures. An ambitious man who may have the army at his devotion, may step up into the throne, and seize upon absolute power..."

[vannrox]

"...Madison warned that the greatest danger to the constitutional order and to the liberty of the citizen was not the possibility of a tyrant President, which he regarded as slight, but the risk that Congress would take over the powers of the other two branches of government. "The accumulation of all powers, legislative, executive, and judiciary, in the same hands," Madison wrote, "may justly be pronounced the very definition of tyranny." ..."

[vannrox]

"...Power "is of an encroaching nature," and something more than "parchment barriers" is required to restrict it "from passing the limit assigned to it." Id., No. 48, at 321..."

[vannrox]

"...arguing that the first Congress stated that a well-regulated militia was "necessary" to the security of a free state, not just "sufficient," and that Congress recognized that the ordinary processes of law may be insufficient to protect the people at all times..."

[vannrox]

"...North Carolina's convention proposed that a declaration of rights be added to the Constitution which explicitly identified the right of people to keep and bear arms as a natural right and one of the means necessary to the pursuit and obtainment of happiness and safety...

[mercy]

BTTT

[Mason]

nice post.

[68-69TonkinGulfYachtClub]

thanks, bookmarked for later
knee deep in Klamath right now

[68-69TonkinGulfYachtClub]

ping

[logos]

Bookmarked. Thanks for all the work.

[harpseal]

An exellent quote from a well researched article.

Stay well - Yorktown

[Dukie]

Thanks for your hard work in assembling this history, vannrox. Bookmarked and copied for future reference.

[Bob Evans]

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"Our Second Amendment; What the colonies proposed, amended and passed between 1776 & 1791."

Like every other story, there has to be a beginning, and as far as I have found (with much help from the Second Amendment Law Library) the story begins with the Virginia Bill of Rights.

Virginia Bill of Rights
June 12, 1776

"13. That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defence of a free state; that standing armies, in time of peace, should be avoided, as dangerous to liberty; and that, in all cases, the military should be under strict subordination to, and governed by, the civil power."

Pennsylvania appears to have been the first colony to have used the phrase "A right to bear arms"

The Address and Reasons of Dissent of the Minority of the Convention of Pennsylvania
To Their Constituents

Pennsylvania Packet and Daily Advertiser
18 December 1787

7. That the people have a right to bear arms for the defence of themselves and their own state, or the United States, or for the purpose of killing game; and no law shall be passed for disarming the people or any of them, unless for crimes committed, or real danger of public injury from individuals; and as standing armies in the time of peace are dangerous to liberty, they ought not to be kept up: and that the military shall be kept under strict subordination to and be governed by the civil powers.

Ratification of the Constitution by the State of New Hampshire
June 21, 1788.

"Twelfth, Congress shall never disarm any Citizen unless such as are or have been in Actual Rebellion. —

Amendments Proposed by the Virginia Convention
June 27, 1788

"Seventeenth, That the people have a right to keep and bear arms; that a well regulated Militia composed of the body of the people trained to arms is the proper, natural and safe defence of a free State. That standing armies in time of peace are dangerous to liberty, and therefore ought to be avoided, as far as the circumstances and protection of the Community will admit; and that in all cases the military should be under strict subordination to and governed by the Civil power."

Ratification of the Constitution by the State of New York: July 26, 1788.[1]

"That the People have a right to keep and bear Arms; that a well regulated Militia, including the body of the People capable of bearing Arms, is the proper, natural and safe defence of a free State;"

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Editor's Note: The North Carolina Convention met from July 21 through August 4, 1788, but after debate agreed only to neither ratify or reject the Constitution, but did adopt a resolution containing a Declaration of Rights and a list of proposed Amendments to the Constitution on August 2, 1788. After the Constitution had been ratified by a sufficient number of states, the members of the convention reconvened and, apparently without further debate, ratified the Constitution November 21, 1789, and announced the Declaration below, which includes the resolution of August 2, 1788.

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Ratification of the Constitution by the State of North Carolina
November 21, 1789.

"17th. That the people have a right to keep and bear arms; that a well regulated militia composed of the body of the people, trained to arms, is the proper, natural and safe defence of a free state. That standing armies in time of peace are dangerous to Liberty, and therefore ought to be avoided, as far as the circumstances and protection of the community will admit; and that in all cases, the military should be under strict subordination to, and governed by the civil power.

Amendments Offered in Congress by James Madison
June 8, 1789

"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."

Amendments Reported by the Select Committee July 28, 1789

""A well regulated militia, composed of the body of the people, being the best security of a free State, the right of the people to keep and bear arms shall not be infringed, but no person religiously scrupulous shall be compelled to bear arms."

Amendments Passed by the House of Representatives August 24, 1789

ARTICLE THE FIFTH.

"A well regulated militia, composed of the body of the People, being the best security of a free State, the right of the People to keep and bear arms, shall not be infringed, but no one religiously scrupulous of bearing arms, shall be compelled to render military service in person."

Amendments Passed by the Senate September 9, 1789

ARTICLE THE FOURTH.

"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."

Amendments Agreed to After Conference and Proposed by Congress to the States September 25, 1789

"Article the fourth . . . 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."

Twelve amendments were proposed, and ten adopted, effective December 15, 1791. Those ten became known as the Bill of Rights, and their ratification is celebrated as Bill of Rights Day.

[Bill of Rights]

The conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added.

Article the fourth [Amendment II]

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.

Another good article is: The Second Amendment and the Historiography of the Bill of Rights by David T. Hardy

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[coloradan]

Fantastic read, thanks for the bump.